The Supreme Court cited a landmark case of Ramgopal vs. State of Maharashtra (1971) in the case of Sharad Birdhichan Sarda vs. State of Maharashtra(1984)regarding the mode and manner of proof of cases of murder by administration of poison.
The Court discussed about the three
questions that arise in a case where offence of murder by administration of
poison is committed namely – firstly, did the deceased die of the
poison in question ?
secondly, had the accused the poison in
his possession ? and
thirdly, had the accused an opportunity
to administer the poison in question to the deceased ?
“It is only when the motive is there
and these facts are all proved that the court may be able to draw the
inference, that the poison was administered by the accused to the deceased
resulting in his death." – Court observed.
Court also stated, the Court must
carefully scan the evidence and determine the four important circumstances to
justify conviction. The four important
circumstances are – (1) there is a clear motive for an accused to administer poison to the
deceased, (2) that the deceased died of poison said to have been administered, (3) that the accused had the poison in his possession, (4) that he had an opportunity to administer the poison to the deceased.
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