SMT. KANU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) While rejecting the earlier bail application, the petitioner was granted liberty to file fresh bail application after the statements of Rahuram and Heeraram are recorded by the trial court. Learned counsel for the petitioner submits that now the trial court has recorded the statements of PW-7 Heeraram and PW-9 Rahuram.

(2.) I have heard learned counsel for the parties. Perused the statements of eye witnesses PW-7 Heeraram and PW-9 Rahuram as also the challan papers and FSL report. I have also gone through the statements of PW-1 Dr. Azmal Hussain and PW-2 Dr. A.K.Dube.

(3.) It is contended by the learned counsel for the petitioner that in the FSL report on chemical examination of viscera and blood sample, it was found that the articles sent to FSL gave positive tests for the presence of Ethyl alcohol and organophosphorus insecticide. The prosecution case no where discloses that any Ethyl alcohol was administered by the petitioner. According to learned counsel, from the prosecution evidence, it cannot be said that the cause of death was organophosphorus insecticide, it may be because of excessive consumption of Ethyl alcohol.