Supreme Court of India
Joydeb Patra & Ors. v. State of West Bengal
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What the Court ordered
We are of the considered opinion that there was no evidence to show that the C death of the deceased was caused by administering poison.
Judgment, page 4
From the headnote
Penal Code, 1860 - s. 302134 - Alleged murder of woman by poisoning - By her husband and his relatives - Conviction by courts below, solely on the basis of ocular testimony of the doctor who had conducted postmortem - Courts below placed onus on the accused to prove that the deceased did not die on account of homicide - Held: The o Inquest Report, Postmortem Report and Chemical Examiner's Report do not show that death occurred due to poisoning - Prosecution failed to establish beyond reasonable doubt that poison was administered to the deceased - Courts be/uw wrongly shifted the onus on the
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