HI^l CuURJ- OF CHHAT-TISGARH AT BiiASpUR CRIMINAL AFPBAL N0. 61/2001 Kliambtiuprasacl patel ana ot&ers versus State of Chliattisgarh Jyaginent tor_consicleration Sd/- Hon'Dle Shridiistice L.C. Bhadoo Sd/- L.C.BHADOO Judge J U U GB ^ -4-2007 Post for •? '• -4-2007 Sd/- DHIRENDRA MISHRA Judge HIGH <JOURT OF- CHHATTISG&RH AT BiLASFUR criminai Appeal No. el/2001 APPBLiLANTs 1. Shainbhuprasad Patel, S/'o. Kashiprasad Pstel. ssed o.bout. 23 vesrs. R/Q, DIiuixiR. P^. Torwa, Distt. Biiaspiu- (C.G.) 2. Ks.slupraso.d. Patelj S/o, KesliQ.v]^! Ps.telj aged about 66 years, R/o. Dhuina, P.S. Tonva.. Distt- Bilasr>iu~ 3. DulauTui Bai, W/o. Ka.slupi^aisad P^tel, agecl ^bout &U years, K/o. u&uiua, f.S. TOTVVS.. Distt. Bils-snuT 'verSus RESFOnDENT State ofCIUiattisgarh,.Uu-ough P.S. Torwa, Distt. Bilasplir (C. G. UB: HON'BLE SHRZ fe.C. BHADOO AND HOK'BLE SHR! DHIRBNDRA MISHRA, -JJ Shri M.K. Bhaduri, Advocate for fhc appeBaats. SIiri U.N.S, Deo. Add.itioiisl Public ProsecutQr. fctr tiic StRtei jUDGMENT Per Dhirendra NIislira.. <J Appeliaiits have preterred fhis appeal under Section 374(2) of Cr.P.C. against fhe judginent of conviction and order of seateuce dated 22-12-2000 passed by leamed 5tn Additional Sessions Judge, BUaspur ui fci.l. No. ^//^UUU wliereby leamecl Actdiuonal yessions juclge atter nolctuig Uie appeUauts guilty ol causuig tioiuicidal deaui of deceased Tileshwari Bai, has convicted fhein for offence under Section 302 ofl.P.C. and sentenced thein to undergo iinprisoninent tor Ule. '2,. ln Uie present case, Appeuant No. l is jtiusband ot Uie deceasect wfiereas appeUauts no. 2 aaa a are tattier-ui-law aad niotlier-in-iaw of ttie deceased respectively. Ttie deceasecl was inamed with appeuant No. 1 on\28-5-l999. 3. Case of fhe prosecution ia brief is fhat Station House Ofiicer of PoUce Station, Torva gave F.i.R. of Ex. P-20 in Police Statiou Torva to the effect Uiat deceased Titeshwari wife of Shambhu Patel was admitted ia the Hospital on 30-11-1999 as a case of Organo Phosphorus poisoning wlio died in the Iiospital duriug treatinent. Merg intimntinn was sent froin nospital. UTinng examination ot the cleact Ooay, ui]unes ana abrasions were touncl on necJs ancl oUier parts of the body aud deafti appears to be suspicious ia fhe inedico legal examuiation report.. l&ere were uiiunes over ttie neclc ana Uiuinb mipression is statecl to be ot otlier person, Jiowever t&ere is no tracture in tiyoicl bone aad tracliea nng ancl cloctor fias also opiaed that she was tbrced <to consuine poison. AU ttie injuries present over fhe person of fhe ^deceased were aiite luorteia aud caused by hard and blunt object and they caiuiot be caused by one person. Husband olTileshwari suspected her fidelily aad he might iiave beaten her and tbrcibty adinuilstered Iier poison wifh Iielp of tus associates. Un ttie basis ol ttus opnuoa, ottence under yecnon 302 read witfa. Section 34 ot l.P.C. lias been registered. 4. Inquest of Ex. P-2 was prepared over fhe dead body of fhe deceased in presence of .tlie witnesses. Dead body was sent Ibr autopsy to Dhana Hospital, Bilaspur where a team of doctors consistuig Dr. R.K. Venna, Dr. S. Paadey aad Dr. A.P. Rai conducted post laorteui and submltted Uieir report of Ex. P-27. On Uie basis ot ineBioraiictura ot accused yjtiamtitiu Masad ol ux. l-'-a, a leattier belt was taken. uito possession victe Bx. P-4. (Jontauier of insecticide was taken into possession vide Ex. P-6. T'wo letters of Ex. r-s ancl tsx. r-V aactressecl to Uie tiusband anct lat&er purporteclly written by Tileshwari bai were taken into possession vide Ex. P-7. ypot raaps ot ux. l-'-il aad Bx. ^-l^ were preparecl by Mailca Patwari. Written report addiessed to Superuitendent of PoUce by Bhagwat Patel dated 2-12-1999 is exlubited as Ex. P-13. Two pots containiag viscera, Blaaket, Lungi, Blouse etc. ia a sealed packet, stide and pubic lieu-s were taKen into possession vicle Bx. f-lb. un the queiy iroin hospital, wfaettter syiuptoins of poisoniag were tbuiid ou fhie body of fhe deceased, the doctor has opiaed that inode of deafh was asph\-xia, viscei^ was.picserved and handed over to the constable tbr cheiiiical examjnatlon and no signs ot poisoniug were seen. Accused Sfaaiabliu Fatel was sent to doctor tbr examiaation on 1.0-12-1999 aad examiaation report of fhe doctor is Ex. P-28. The bed head ticket ol deceased Tileshwari Bai was taken iato possession vide Bx. f-'2't. viscera, insecUcicte aucl sJide ot tiie (? deceasea were sent tor ctieinical exanunation to torensic ycience Laboratory, Sagar vide Ex. P-25. After com.pletion of nivestigation, ctiarge s&eet was filed under Section 302 aud Section 304-B of l.P.C. agaiast ttie appeUants ia tne Court ol Cnief Judicial Magistrate, Biiaspur who ia tum coiLunitted fhe case to fhe Sessions Judge, Bitespur aad the saaie was received on ttansfer for trial by leanied Additional Sessions Judge. 5. Learaed Additionat Sessions Judge liaiued charge under KecUous VU'2 an.cl 3U4-B ot l.f.L;. agatnst Uie accusea persons w&o abjured. Uieu~ guUt. 6. Prosecution in order to establish fhe charges a^amst the appeUants exainined 17 witiiesses, thereafter stateinents of accused persons were recorded under Sectton 313 of Cr.P.C. The appellaats denied the cu-cumstances appearing against theni ia prosecutiou eviaence ancl pleaded uinocence anct talse unptication. ifi.ey also examined Utu-uv Kumar !~>Jiamia, Mead Uonstable as detence witness No. 1. Leamed Trial Court after heariag the parties acquittect the appellaiits Iroia cliarges under Sectlon 304-B ofl.P.C. liowever, convicted Uiein uncler Section 302 ot l.P.C. au.d senteaced as inenUouecl above. /. Learuect counsel lor Uie appeUants subnuts uiat tuiaiug ot me trial Court Uiat deceased died due to asphyxia as a result of mrottung clue to stoppage ot respira.Uon anct as sucti aiea liomicictal cteatti is basecl on sumuses. t'roin ttie eviclence availabte on recorcl, it wouid be evideut that inerg intimation was given by inedical speciatist wlio treatecl ttie patient as an uictoor patient ni ttie hospital aad treating doctor infoiined the police on 1-12-1999 fhat ffae deceasecl was adnutted on 30-11-1999 as a result of Orgaao ^Uosp&orus poisoniag anct sne expu-ecl on. 1-1^-1999 at aboiit 11.uu a.ni. un uie Dasis ol Uus iCLtormanon, Merg uituaation ot lix. )->-17 was lecorded, Uierefore, iaferenee lEgardiag cause of death by the trial Court is contran' to f&e evidence available on record. lu the pbst niorteni report also, fhe team. of doctors performing autopsy are not certain about the cause of death aud in these cu-cumstances, fhe inference of fhe trial Court that fhe deceased died homicidal deattl as a resujtt of asp&yxia is en'oneous and camiot be sustained. .'"'!'m'"T Wtiefiier tlie prosecution iias proved fhe cause and uiode of cleaui ot 1'ulesawan'/ 8. P.W. 16 Dr. V.K. Khetrapal infox-naed the 8.0., City- KotwaU on 30-11-lyyy vide Ex. P-26 that Tueshwari Baiofvillage Dhoomawas actniittect in feiuale Medical wara at about 2.3U P.M. as a case ot poisoning. f.w. l& y.K. Nisfiad, StaUon Hoiise Ulticer Jias adnutted that Head Constable Dhruv Kumar Sharma was posted under him. Vide nieinoi^nduin of Ex.."'D-6, a queiy was inade regarding 'l'iles&wan Bai wnettier slie - tooK • poison and wliemer sJie is in a condition to give dyiag declaration. It was requested fhat voinits be preservea. Bed &ead ucKet ot 'i'ilesiiwan was seized. clunng Hivesuganon vicle seizure niemo ot ux. ^-^4 by uie invest^atuig Utticer, faowever tlie doctors w&o nave treatect tlie deceased tiu sfie died nave uot been examuiecl. y.w. 17 ur. KajniKant Venna lias proved tiie post inortem report prepared by a team of three doctors. Apart froin other findings, as niany as 20 extemal iajuries have been pouitecl out. y. Un extenial examinaUon, it was tound. ttiat uiere was blood clots on uie lett eye, tace was tumecl on ngnt side, tace was swollen aad congested, tongue was between ttie teefti, blood mixed with frofh was present ia Biouftt, no streak of saiiva seen, both hands ciasped, bottl leet extended, siie was In nienstruatiou period. On uitemal examination, it was found that on fhe left parietal region, there was sweUing ia size of 3'" x 2 fi' aad uiider it, blood was clottecl, Uiere was a contusion ni size ot a cm. x 2 cru, Jiowever, laeBlbiane was uot toi-u aad Uiere was no intemal bleeding ia the braui. un intemal examuiation toitowuig ui]unes were tounct;- i. Itu-ee senii lunar abrasions on Lt. sicle of necJi 011 equat ctistaace ui size ot t.'2 cni eacli probably ot nails. n. Apart troin above, abl-asions ot 2 cui size surrouiictect Dy contusiou 3 cin area probably caused by thunib of aay ofher pcrsou. iii. SweBiag ui size of 3'~ x 2 %' over left teiupo-parietal region of scalp. -- iv. Abrasions 'Z m numbers ot equal size measunng l.2 cm eacti one finger apart froin one another over dorsal surface of left wrist. Abrasioas m. size ot 7" x 2" on the lett tbreanu ui the outer side. v. Contusion ia the size of 4.5" x y over rigtit arm ou anterior lateral surface appears as ifproduced due to continuous pressure. vi. Contusion tn size of 4" x 2' on r^ht ann. vti. Contusion in size of 3" x/ 2" on right foreana. \. vui. Keuu lunar abrasion '£' ui tengtti tuterruptecl in t>et\veen over ii-ont ofneck obUquely situated across fhe rigllt clavicle. DC. Abrasion in size ot 'z cia x 'A cni over aDdoinen on eporgesnc region linear ui stiape ttonzontaUy situated. x. Abrasion ia size of 1.2 cni x 1A cin over right Hypochondrial. xi. Contusion in size of 1.5" x l" below left knee. xu. (Jontusion m. size ot 3" x 2.y below nglit Knee. xiu. Abrasion two in numbers of equal size seini lunar in shape upon ng&t isnee. xiv. Une senu lunar abrasion ot l cin size over it. Knee. xv. Contusions two in nuinber 3 apart froin each ofher of 2 x 2" size on nglit Uugti on its antenor surtace. xvi. Abrasion ia size of 1 W' x 1" over left fhigh on posterior latei^l surtace. xvii. Contusion ni size of 3" x 2" over r^ht foot on dorsal surface. xviii. Contusion 3" x 2" over left foot on dorsal surface. iu. Medical tioard pertoniuiig.autopsy liave given Uieir opiiuon about the cause and inode of death as aspm'xia. AU these iajuries were aate inortein and caused by hard aad rough object aad soine abrasions were caused by fingers. Cause of death was asphyxia, death'was due to tlu-otuiag, poisoniug aad intemal injuiy of head, tiowever, it cannot be said tbr certamty fiiat the deceased died due to fhrotuuig, poisoniag pr intemal iajuries ou head or because of one of fhe above reasons but, inore probabitity is asphyxia due to ttirottling. FTacture ot tracliea and tearing of carotid artery has not been tbunid. rnis witoess has aiso stated in reply to the query that wtieffa.er abi^sions preseut over fhe neck of the deceased were caused by Sambhu Patel or not, it has been repUed fhat no inedical opuuon can be given. in reply to ttie queiy wueUier syniptonis ol poisouing were present, it is slated that viscera was preserved and ctieinical exaicunauon was advisecl, nowever no clettEute symptoius ot poisouing were seen. Report ot ttie ciieiuicat examination has not been produced. Medical evidence available on. record uiay be suniiaanzed as under:- i. Tileshwari Bai was adniitted iu the Feinale Medical Ward as a poisoaiag case on 30-11-1999 at 2.35 p.in. aad iiitimalion to ttus etfect was given vide Ex. P-26 bv P.W. 16 to fhe poUce. ri. Query was seut by tjie poUce to tfae .hospital to ascertain about polsoning and wbetlier tfae deceased was in a coudition to give dyiiig declaration. iii. Medical speciaUsts of the hospital mformed S.O., City Kotwali, Bflaspur that Tilesliwari Bai was adinitted ou 30- 11-1999 as a result of Organo Phosphorus poisoiung who expired on 1-12-1999 at about 11 a.m., on fhe basis of wtucti inerg intunaUon ot Bx. ^-17 was recorclea. iv. The doctors performiag autopsy opiaed fhat deafh was aspto'xia as a result of fhrotfling, poisoniug, or nitemal uijunes ot tiead, Jiowever it caunot be saict tor certam.tv7 that the cause of deafh was ail the fbree or anv one biit morc probably, fhe death diie to fhrottliag has been opuiecl. v. Itie doctors wno tiave treated. uie cleceasecl, liave not been exaiaiaed by tlie prosecutioa, who would have been ia a better position to state as to what was the tme of treatinent given to ttie deceased before her death aad how fhey opiaed fhat Tileshwari Bai died as a result of Organo Pttosphorus poisoniag. vi. Bed Head Ticket aad Adinission Register were seized vide seizure nieino of Ex. P-24, but the same have not been proved though fhey are avaUable on record. Froin perusal of fhe Adinission Register, it is clear that she was adinitted in Keinale WaKl at 2.35 p.m.. on 30U1 Noveinber, 1999 as a "i- case ot poisorung. Apart troia ottier Dieaiciue, stie was adiiunisteied Atropiii in]ection regularly just atter Jier admission till her deafh at iatervals of 10 and 15 luiautes. vii. Insecticide PhoskUl has been seized froia place of iacident on beiag produced by accused Sambhu on 1-12-1999. 11. Modi's Medical Jurisprudence & 'roxlcolog)7 22nd Edition has dealt wifh Ol^ano-Phosphorus Coiupoiuids and allied poisons in Chapter III of Sectiou 2, Toxicology. The author has inentioned fhat Organo-phosphorus coinpounds and auied poisous are coiunionly used as insecticides in agriculture and easy availability of the saine ana quiclc action is ttie reason tor ttien- populanty tor suicictal aad noniicidal purposes. 12. Sym.ptoins Jiave beea given in the book. According to route of e.stsy, t&e respu-atoiy or gastro-uitestm.al syuiptoins arc inore inarKecl. Barly lieaaacJie, nausea, giaauiess, anorexia, Ug&tuess ot cUest, oppression, dimiiess ol vision, iniosis twitchiD.g ol ffae eye ruuscles, treiiiulous tongue aad protuse trothuig. Late vouiiting, sweatmg, salvation, oronasal froth, paUor, apprehension, incorclniaUon, twitcfiing ot voluntan7 niuscles accoinpaniea by severe niuscular weakness, inental confasion, dian-hea, tenesinus, clelinuin, weaKness aaa paralysis ot respiratory inuscles, aretlexia, uicontuience, bronc&ospasm., cynosis, putmonaiy oeaeiaa, convulsions, conia aad death inay foUow. Paralysis of timn inuscles as a sequel Jias Deen reported. 13. For the purpose ot treattaent, it is nientioned tliat Atropui is a speci&c aatidote. It is an aiiti-xnuscarinic sigen.t capable of reachuig au parts of the body. The dose of atpopiiie depends on the severity qt^ u^ fhe case and is given tiU signs of atropiuisation in the form of dnr sKui, clilated pupus ancl tacliycaraia appear. for milrt cases, '^ing uitrainuscular foUowed by fhe same dose at 2 iniuutes intervals, for m.0derate cases, 2-4 ing uitram.uscular or inu-avenous uutiaUy aad 2-8 nig at 3-10 iniaute^ intervals, subsequent intramuscular. For severe cases, 4-t> jng are given taiUaUy by uitram.uscular or uitravenous route, tbuowed by 2 ing at 3 to 10 ininutes interval by ttie intiajnuscular route. Ths.iise of upto 50 ing ia twenty-four brs. is not unusual. 14. Froin bed hiead ticket, it also appears ttiat tfae patient had respouded to f&e inediciae and her geaeral condition was reported to be better at one point of time. Thus froin fhe inedical evidence available on record as detailed above, fhe finding ofthe trial Court based on contTadicton7 and tentative opiaion given by ttie teain of cloctors ui Uie post inorteni report ttiat 'lUesfiwan diecl ot aspnyxia possibly as a result of stoppage of respiration due to Uirotflnag and fhus Iier boniicidal deafti is proved, it is also proved Uiat Tilesfawari was inurderea, is not basect on proper appreciaUon ot evictence on record aud we are ot the considered opinion ffaat the prosecution iias not tieen aDle to estaDilsll tbe exact cause aud niode ot cleatn ot deceased Tileshwari. Possibuity ofdeath due to poisoning caaiiotbe rulea out. 15. There are no eve-witaesses to fhe incident aad conviction is based on circuio.staiitial evidence which inav be suminarized as uacter: - 1. u. That, on. the eve of last Bhaidooj, appellant Sambhu Prasad had deinanded inoney for purchase of inotorcycle ana w&en Uie deinaad was not niet, ne was aanoyed and he and his parents started ul- treatmg ttie deceasea. That, deceased raade oral dyiug declaration before ner tauier Btiagwat rtasad, nioUier ^liulesliwan, t^aras Kani, Anu] Kam, B&arat, Kunita ancl statea tu.at stie was assaulted bv Sambtiu tbr laotorcvcle wno also actinuustered poisoa (msecticiaej in presence of his parents aad they kept qiiiet. ui. lliat, nuiaerous injunes were touna on tae person of fhe deceased during inquest as also ia the post niortein report aad no explaaation has been offered by tne accused persons who resided with fhe deceased jointly at their house at tbe tnae of iacident. \ 16. Leamed CQunsel for the appeUant subiuits that the appeUants were chgrged under Section 302 and Section 304-B of I.P.C. Leamed trial Court after appreciating the evidence available on record, acquitted the appeUaats troni the charge under Section 304-B ot l.P.C. aad ttie appellaiits liave been convictect under Section 302 ofI.P.C. though there is no evidence avauable on record to connect the appeUaats with fhe death of fhe deceased. Finduig of fhe tnal Court recoided in, para 41 ofthe judgment is based on no evidence. The alleged oral dying declaration before Bhag\vat Prasad, father ot the deceased and Phulestiwari, inofher of fhe deceased are not retiable particularly in tlie light of the fact fhat D.W. 1 Dhruw Kumar Shanaa, Head Constable, who was iavolved m fhe iQvestigation and has recorded the oral dying declaration Ex. P-7. The finding of fhe trial Court is based on improper and one sided appreciation ofevidence available on record and the defence ofthe accused appellants has not been considered. The prosecution. has failed to prove the case agaiust fhe appeuants by proving the cu-cuinstaaces relied upon independently aad cham of circuiastances do not establish fhe guilt of the appellants. Even the inotive tbr conimlssion ol offence has not been established. The leanied Court below has logt sight offhe fact ftiat ttie aUegation that the appellants forcibly admiaistered poison to fhe deceased is beSied by the facts fhat the appellants immediately rushed the deceased to the hospital after the syniptoins of poisoning were detected aad she was adixiinistered best niedical aid ia oixler to save her life. The medical treatiuent to fhe deceased in the hospital has not been proved by examiaing Uie treating doctor and proving fhe bed head ticket. The fact that the inedico legal report nof the 10 (^ deceased at the tmie of adiuission does not inention fhe nanie offhe accused persons and the iiijuries sustamed by the deceased niake the case of fhe prosecution doubtfal and fhe Court below ought to have extended benefit of doubt. It is further subinitted that fhe opinion exprcssed in the.post luortein exaiiiination that it is m.ore probable that fhe deceased died of asphyxia due to ttu-ottUiig is contraiy to iiiedical evidence available on record. Accordiag to fhe prosecution's own case, fhe d^-eased was conscious aad talkin.g. in fhe case of death as a result of asphyxia due to throtfung, suud hoinicidal deafh, the question of treatment does not arise aad it is uiiconceivable that Uie deceased died due to aspm'xia on accouat of throttling after raore thaa 24 hours aad particuIaTly when she was being treated, considering her case to be fhat of poisoiung. l/. Kenance is piacecl on Uie judgments m tbe matlers ot feunreddy Ratestt Khaaua Reddv -v- State of A.P. aad another ((2006) 10 SCC 172), Appasaheb and aar. -v- State of Maliarasatra f2007fl) ANJ (SC') 181), Meeha v. State ofM.P. (1983 (1) M.P.W.N. Note 250), jaipal -v- State of HarvaBa (AiR 2002 SC 3447) Heitouiam Ciiaoba Singfa -v- State of Maaipnr (1999 SAR (Crimmal) 837) a&d State ofm.P. -v- Kailash (1996 JLJ 553). li5. On ttie other tiautl, leamed counsel tbr tlie State supportmg Uie impugued judgiaent contended that fhe appeUants were residing with tlie deceased tn fheir hoine, there is oral d^dng declaTation in wliicJi allegations tliat me appellants tortUTed aBd beat her has t>een inade, oral clying declaiaUon is supported by inectical evidence as nuuierous injuries have been found on fhe person of the cleceasecl. It is a case ot liouse ruurd.er wiiicti tias been conunittecl by Uie appeuants ni coiuplete secrecy uiside ttie Uouse ancl, fherefore, strict prove of ftie circuiustaaces as in other cases is aot necessary. Relian^ce is placed on Trimukh Maroti Ku'kan -v- State (2006 AIR SCW 5300). 19. We have heard leamed counsel for fhe oarties. 20. In fhe niatter of Ramreddv Raiesii Khanaa Reddv (supra), ttie Hon'ble yupreiue (jourt ui para 2b tias oDservea Uiat: - 11 "26.1t is now weU setded fhat wifh a view to base a conviction on ciTcunistantial evidence, the prosecutioii inust estabtisli aU fhe pieces of uicrmiinatuig ciTcuinstances by reliable and clinclung evidence aad Uie circuinstances so proved inust fomi such a chaia Qt events as would penuit no conclusion other thaa one of guilt of fhe accused. The circuiiistances cannot be on ady other hypothesis. It is also weu setfied that suspicion, Uowever grave.it inay be, cannot Oe a subsUtute tor a proofand the Courts shall^take utinost precaution in findiag an accused guflty only on fhe basis of Uie circunistailtial evidence. 21. In fhe niatter ofAppasaheb aad aaotiier (supra), it has been Jield Uiat aeiaaad. tor inone\r on account ot soine tuiancial stringency or for ineeting soiiie urgent doinestic expenses or for purchasing iiianuTe catuipt be tenaed as a deinand tbr dowr\r as the said word is nonnailv uiiderstood. The evidence adduced bv fhe prosecution does not, therefore, show fhat any deniaud of "down'" as defined in Section 2 of fhe Dowrv Prohibition Act was saade bv tiie appellants as what was aflegedly asked for was soine inoney for nieettag doinestic expenses and for purchasnig luanui-e. 22. In the niatter of Meglia (supral. it has been held tfaat where hoinicidal death is not-proved, fhe witaesses are iaterested beiag relatives of the deceased aad tlieir testimonv is not corroborated bv nieclical eviaeuce, me onence is not inade out. 23. In fhe matter of Jalpal(supra), it has been held that where cloctors aave not posluvely proved Uie suggestlon Uiat uie death was caused due to tablet of aluiniDiuin phosphide (celphos), the fijudiag fhat congestipn of organs of deceased as found could be due to other reasons also aad the doctor first attending stated that fhe syniptoins present in deceased could be Uiat as in case of food poisoning aad where poMce faUed -to protect the place where sample ofvoinits were found and inotive is absent, conviction. was set aside. Para 33 ofttie judgDient is relevant and quoted below:- "Deaiing wifh a case of circuinstaatial evidence fhe Court has to De cu-cuiaspect. A liote of caution was sounded by a 12 Constitutiou Bencti of fhis Court in Raghav Prapaana Tripathi and others v. State ot uttar Pradesh AiR 1963 SC 74, quoting from R.V. Hodge (1838) 2 Lew CC 227: "ine nund was apt to take a pleasure ui adaptiug cu-cuiastances to one anot&er, ancl even in strammg Uiein a irttle, U need be, to tol'ce Uieni to tona parts ot one coiinected whole; aad Uie inore uigenlous the nuad. ot Uie individual the inore lUeely was it, consMenng sucil inatter, to overreacll ancl inislead itself, to supply soiae little link fhat is waating, to taKe tor graatect soiue lact consistent wiui its previous t&eones aucl necessary to render ttieni coniplete." '^4. ln Uie matter ot HeiKrujam Cbaoba Sinen (supra), it nas been. held that before an oral dynig declaration can be relied upon, tfa.e court inust be satistied about tlie truthfuiuess of ttie saiae aad Uiat tlie said aeclaration was niade bv TJie aeceasect wfiUe tie was in a iit condition to inake fhe statement and the dyuig declaration has to be taKen as a wtiole antl Uie witness wUo cleposes about sucll oral cleclaranon to fiim inust pass Uie scrutuiy ot reiiabllltv'. 25. In th.e inatter ofstate ofM.P. -v- Kailash (supra), where the prosecunon ease was basea upon oral dyuig declaration niacte before fafher and constable iu hospital aad no ceitificate regarding ineatal titness of deceased was obtained froin doctor, it has been tielcl Uiat dyuig cteclaration caonot be acted upon aad Uie accused cannot be convicted and further where cause of deafh said to be forcible adnimistra.tion of poison to deceased aud presence of poison also confirmed by Dieclical