Hariprasad @ Kishan Sahu vs. The State of Chhattisgarh

Criminal Appeal · 2023 INSC 986Decided 7 Nov 2023
Criminal Appeal No. 1182 of 2012
P.S. Narasimha on the bench

Background

The deceased, Bisahu Singh, was found in a semi-conscious state at his home in July 2003 and told family members that the appellant had made him drink liquor and mixed something into the last glass; he died later that day. A post-mortem could not determine the cause of death until a chemical (viscera) report, which took roughly a year to arrive, found traces of an insecticide. The FIR was registered only after this report came in, more than a year after the death, and the Trial Court convicted the appellant of murder under Section 302 IPC, a conviction the Chhattisgarh High Court upheld.

Decision Breakdown

The Supreme Court first held that the one-year delay in registering the FIR was not, by itself, fatal to the prosecution, since the delay was satisfactorily explained by the time the forensic report took to arrive, and there was no suggestion the story had been concocted in the meantime. However, on the substance of the case, the Court applied the settled four-part test from Sharad Birdhichand Sarda for poisoning cases (clear motive, proof that death was in fact caused by poison, possession of the poison by the accused, and opportunity to administer it) and found the prosecution had failed on nearly all counts: there was no real evidence of motive beyond a vague reference to a land dispute, no doctor gave a firm opinion that the insecticide found in the viscera actually caused death, no evidence was produced about what "herb" was supposedly mixed into the liquor or whether it was even poisonous, and the incriminating chemical report was never even put to the appellant during his Section 313 CrPC examination. Because the case rested essentially on an uncorroborated dying declaration and unproven forensic inferences, the Court set aside the conviction and acquitted the appellant.

Lesson Learnt

A murder conviction cannot rest on suspicion or a chain of circumstances with unproven links, in poisoning cases in particular, the prosecution must affirmatively establish motive, that poison actually caused death, and that the accused had both the poison and the opportunity to administer it, and a delayed or unexplained FIR combined with gaps in medical proof can together undo an otherwise emotionally compelling case.

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