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Supreme Court of India · 24/08/2022

RAJBIR SINGH versus THE STATE OF PUNJAB

[2022] 11 S.C.R. 80 · 2022 INSC 858

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Summary

A Bathinda milk vendor was convicted of murder under Section 302 IPC for allegedly poisoning milk bought by a neighbour's son. The neighbour's wife died after drinking it, and the prosecution's motive was that the vendor owed her husband Rs. 1 lakh. The Supreme Court acquitted him. He denied the loan, the original pronote was never produced and no attesting witness was examined. There was a gap of over 24 hours between buying the milk and police collecting samples, giving others the chance to add poison. Organophosphorus has a strong pungent smell, yet no one noticed it while boiling or drinking the milk, and the autopsy doctor found no signs of poisoning. The samples reached the chemical examiner as an 'opened case' with cuttings in the reports, and the vendor's possession of poison was never investigated.

Issues

  1. Whether, on circumstantial evidence, the prosecution proved that the appellant poisoned milk supplied to the deceased's family
  2. Whether the essential circumstances for a conviction in a poisoning case were established, namely motive, death by poison, possession of poison and opportunity

Provisions considered

Held

Result

Appeal allowed; the conviction under Section 302 IPC and life sentence were set aside, the appellant was acquitted and his bail bonds discharged.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 80.