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ASHUTOSH KUMAR, SUNIL DUTTA MISHRA
Pappu Prasad @ Pappu Kumar – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—We have heard Mr. Ansul, the learned Advocate for the sole appellant and Mr. Dilip Kumar Sinha, the learned APP for the State.
2. The appellant has been convicted under Sections 302 and 309 of the Indian Penal Code vide judgment dated 07.09.2019. By order dated 09.09.2019, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 10,000/- under Section 302 of the IPC and to undergo SI for one year, to pay a fine of Rs. 5,000/- under Section 309 of the IPC.
3. Both the sentences have been ordered to run concurrently.
4. This is a tragic case where a young girl has died and it has been alleged that her father/appellant, administered a soft drink laced with poison to her. The viscera report confirmed that the dark brown fluid which was collected from her stomach during postmortem and sent for chemical examination contained Aluminum Phosphide which is commercially known as Celphos and is a severe gastrointestinal irritant. It is also used as a grain preservative and is highly poisonous.
5. The mother of the deceased, viz., Guriya Devi (PW-5) lodged the fardbeyan, which is the basis for prosecuting the appellant, her husband. According to her story, som
A conviction under the IPC cannot be upheld without concrete evidence linking the appellant to the crime, and a judgment must not rely on mere suspicion.
A negative viscera report does not preclude liability for poisoning if other evidence establishes the accused's guilt.
Suspicion alone cannot substitute for proof in criminal cases; the prosecution must establish a clear chain of circumstantial evidence to support a conviction.
Familial relationships do not inherently discredit witness testimony; credible evidence can uphold a conviction despite investigative shortcomings.
The prosecution must establish guilt beyond reasonable doubt; mere suspicion or hostility of the informant undermines the conviction.
(1) Abetment of suicide and attempt to commit suicide – If accused gave incorrect or false answers during course of his statement under Section 313 CrPC, court can draw adverse inference against him.....
In a case arising out of circumstantial evidence, the prosecution has to prove each of the circumstances relied upon by them and the circumstances so relied upon should form a chain of events connect....
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