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Lack of a positive “viscera report” does not tell that the poisoning did not take place: SC

Facts:- An F.I.R. was filed by Uma Shankar Shah, the complainant, who had alleged that even though cash and gold were given to the husband’s family, the appellant was harassing Tuli for more dowry. It was asserted that Tuli consumed poison because she was being harassed by her in-laws.

Issue:- Justice J.B Pardiwala and Justice Prashant Kumar Mishra are hearing an appeal that was filed against the judgment of the Calcutta HC where the appellants were sentenced to 7 years for committing dowry death.

Analysis:- The court noted that “a mandatory chemical examination of the bodily organs is not required in all instances of dowry-related deaths. Even if a report on bodily organs is requested, its absence does not automatically weaken the prosecution’s case when dealing with cases of unnatural deaths under Section 304-B of the IPC or Section 306 of the IPC.”

The court observed that the Medical Officer, PW-10, who performed the post-mortem examination, stated that a strong-smelling substance was discovered in the stomach, a characteristic often linked to the ingestion of poison.

Judgment:– The court said that the absence of the viscera report is not proof that the victim did not die of poisoning.

Written By:- Shianjany Pradhan

Written By

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