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Supreme Court of India 2023-11-07 allowed

HARIPRASAD @ KISHAN SAHU vs STATE OF CHHATTISGARH

Bench: 2 — Bela M. Trivedi, Dipankar Datta

In Brief

A man died in hospital after consuming liquor allegedly spiked with poison. His wife claimed he told her the appellant had added an herbal mixture to his drink. The High Court confirmed his murder conviction. The Supreme Court acquitted him, finding: (1) the one-year FIR delay was caused by waiting for FSL chemical reports—not concoction; (2) no expert opinion conclusively linked the pesticides found in the body to death; (3) the dying declaration was weak evidence lacking corroboration about what herb was used or its toxicity; and (4) all four essential elements for poisoning murder were not proved.

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Criminal Law Murder Poisoning Evidence Dying Declaration Delay in FIR Atrocities Act Circumstantial Evidence

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