Accordingly, after investigation, a charge sheet was filed and the Appellant No.
P 2 prepared on 4.5.1986 by PW 12 does number state the cause of death of the deceased.
1 and his father, brother appellant No.
Nonetheless, an effort was made by the prosecution at the time of examination of PW 12 in Court almost after two years i.e. on 9th June, 1988 to establish that the death of the deceased was caused on account of administering poison to her.
PW 12 has stated in the postmortem report Opinion as to the cause of death is kept reserved pending to receipt of C.E.s report on the preserved viscera.
3 and mother appellant No.
Thus PW 12 has number been able to reach a companyclusion about the cause of death of the deceased when he examined the dead body of the deceased one day after the death of the deceased and has instead preferred to await the report of the Chemical Examiner of the Forensic Science Laboratory, Government of West Bengal.
1 herein.
P 2 and the report of the Senior Chemical Examiner, Forensic Science Laboratory, Government of West Bengal, we are of the companysidered opinion that there was numberevidence to show that the death of the deceased was caused by administering poison.
2 , sister appellant No.
The postmortem report Ext.
4 were tried and companyvicted under Section 302/34, I.P.C. The accused persons filed Criminal Appeal No.
3 died during the pendency of the appeal before this Court.
1 died when the appeal was pending before the High Court and appellant No.
She again became pregnant and when she was carrying the pregnancy for nine months, a ceremonial function called Sadh was arranged on 18th Baisak, 1393 B.S. After taking food, Madhabi fell ill and her companydition deteriorated quickly and she died late in the night.
The report of the Senior Chemical Examiner, Forensic Science Laboratory, Government of West Bengal finds place in the record of the Trial Court.
The facts very briefly are that Madhabi Patra Khendi got married to Joydeb Patra, the Appellant No.
397 of 1988 before the High Court of Calcutta but by the impugned judgment, the High Court maintained the companyviction of the appellants.
Through the marriage she got a daughter.
According to the prosecution, Madhabi the deceased had died because poison was administered to her with the food by the appellants.
K. PATNAIK, J. This is an appeal against the judgment dated 28.07.2006 of the Division Bench of the Calcutta High Court in Criminal Appeal No.
397 of 1988.
