The absence of crucial evidence, particularly the viscera report, undermines the prosecution's case for murder by poisoning, necessitating acquittal.

JUDGMENT :

The appellant Prasanta Kumar Moharana faced trial in the Court of learned Sessions Judge, Puri in S.T. Case No.399 of 2006 for commission of offence punishable under section 302 of the Indian Penal Code (hereinafter ‘I.P.C.’) on the accusation that on 26.05.2006 at about 5.00 p.m. in village Brahmana Alandia, he committed murder of Dhaneswar Moharana (hereinafter, ‘the deceased’).

The learned trial Court vide impugned judgment and order dated 19.04.2008 has been pleased to hold the appellant guilty of the offence charged and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo rigorous imprisonment for a further period of six months.

Prosecution Case:

2. The prosecution case, as per the first information report (hereinafter ‘F.I.R.’) (Ext.2) presented by Pranakrushna Moharana (P.W.1), the father of the deceased before the Officer in-charge of Chandanpur police station on 31.05.2006 is that on 26.05.2006 at about 5.00 p.m., the deceased had been to the house of his maternal uncle, which is situated in the same village, where he took a sip of milk and as it tasted bitter, he informed the same to his grandmother (P.W.2). After some time, the deceased returned back home and while ironing his shirt, he disclosed before his mother (P.W.10) about the taking of milk and fell down on the ground. Immediately, the deceased was shifted in an auto rickshaw to Chandanpur hospital where the doctor Rakesh Kumar Sahu (C.W.1) administered an injection to him and referred him to District Headquarters Hospital, Puri, but on the way to the D.H.H., the deceased died which was declared by the doctor upon reaching at the hospital. Communication was made to Kumbharapada police station so also Chandanpur police station and on 27.05.2006, post mortem over the dead body was conducted in connection with Chandanpur P.S. U.D. Case No.11 of 2006. It is further stated that on 30.05.2006 at about 9.00 p.m., in the presence of villagers, the appellant confessed his guilt and stated that he had mixed poison in the milk which was consumed by the deceased as a result of which he died. This fact of confession was communicated by the appellant to his father Pabani Moharana and also to the younger brother of the informant, namely, Manidhar Moharana.

On the basis of the F.I.R. presented by P.W.1, Chandanpur P.S. Case No. 57 dated 31.05.2006 was registered under section 302 of the I.P.C. against the appellant.

It appears that prior to the registration of F.I.R., on receipt of casualty memo from Medical Officer, District Headquarters Hospital, Puri, the Officer in-charge of Chandanpur police station had registered Chandanpur P.S. U.D. Case No.11 dated 27.05.2006 and directed A.S.I. Bhagabatia Kandha (P.W.11) to enquire into the matter and during course of the enquiry, P.W.11 proceeded to District Headquarters Hospital, Puri along with constable and examined the doctor, held inquest over the dead body of the deceased and prepared the inquest report (Ext.1) and he also examined other witnesses, prepared the dead body challan (Ext.8) and sent the dead body for post mortem examination.

Dr. Tirthabasi Mohapatra (P.W.5), who was the Asst. Surgeon attached to District Headquarters Hospital, Puri, conducted the post mortem examination over the dead body of the deceased on 27.05.2006 but he could not give any definite opinion as to the cause of death of the deceased. However, he preserved the internal organs of the deceased like spleen, liver, stomach with its contents, a loop of the intestine and one kidney and kept the same in a sealed bottle and handed over the same to the police constable for sending the same for ch