Maj or Singh v. State of Punjab

The first and forem ost for decision of t he present is whet her t he of offence under Sect ion 304 6I I PC are m ade out t he fact s of t he presentcase The lnedical evidencein t his regardis being PW4 Dr VS Dhillon was t he person who exam ined deceased B inder Kaur 710995 at 3A5 Plvl As per t his wit ness Jaundice was highly in respectof Binder Kaur This wit ness has givendet ail of 3 as m ent ionedabove I nj uriesNo 1 and 3 are allegedhit on SURESH KUMAR 2014.11.26 16: 55 Scanned True Copy of Original PHHC,Chandigarh 1 t heskull and back of Binder Kaur and t here was inJury foundby him I n respectof inj uryNo 1 JOYTI RANI t his doct or found 2016.03.28 16:20 I attest to the accuracy and integrity of this document 39 41 e Crl A No 876 SB of2000 r e C 0 0 I C5 I Z r I Z 00 7 Z t l healedabrasion on and behindrightear He has st at edt hat said inj ury could be a result of fall This wit ness has st at ed t hat he cannot say whet hert hese inj uriescan cause deat has t here was no ext ernalm ark of inj uries So if t he evidence of t his wit ness is t aken as a whole t hiswit ness does not prove t he fact t hat inj uriesare t he cause of deat h in t he presentcase This wit ness has Rlrt her st at edt hat possibilit yof deat hdue t o Jaundice cannot l5eruled out in t his case PW5 Dr Prem singhwho conduct ed t he post m ort eln on t hedead bodyof Binder Kaur has st at ed t hat no ext ernal m ark Of inj urywas present On of skull haem orrhagicSpot swere in t he brain On 18 1996 on receiptof result of viscera exam inat ion from Depart m entsaid not reacht o any conclusion On t he basis of ent ries in t he bed head t icketof t he deceasedfrom Medical CollegeFaridkot deat h in his opinionwas due t o hapat icand t he cause of failure which was sufficientt o cause deat h in an ordinarycourseof nat ure I n t he crossexam ionat iont his wit nesshas st at edin clear t erins t hat deat h in t hiscase was due t o Jaundice He has furt her m adecat egoricopinion t hatinj uriesm ent ioned ln MLR are not sufflcient t o cause deat h in course of nat ure There is no ot her m edical evidence on t he file Even in t he presenceof cat egoricopinionof bot h t he by t he t hat deat h in t he presentcase is due t o and cannot be caused due t o inj uriest he t rial Court has t he appellantunder Sect ion 304 I PC The observat ionm ade byt he t rial Court is t hat no doubt Jaundice cannot be caused by SURESH KUMAR 2014.11.26 16: 55 Scanned True Copy of Original PHHC,Chandigarh can cert ainlyhave t he effect of JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document t he 40 9 Y Crl A No 876 SB of2000 0 0 I C5 I Z e2 I Z OO 7 Z I t was 8lrt her observedby t he t rial Court t hat since in t he st at em entunder Sect ion 313 CrP accused adm it t ed t he fact t hat BinderKaur was sufferingfrom and as such he was havingt he knowledgeof t he illness of Binder Kaur and by his act of inflict ingDangblow t he appellanthas t he knowledget hat it was likelyt o cause deat hor bodilyinj urywhich can deat h n No 15 of t he j udgm entt he t rial Coult aft er t he fact s oft he Modis as well as Medical Text bookby Davidsons reached t o t he conclusion t hat int ernalinj ury on t he head could not Jaundice The t rial Court has it self observedin t he said t hat various diseases of liver and biliarysyst em cont ainingt he m echanism s producingJaundice variouscauses ofJaundice and different form s ofJaundice have been dealt wit h There are different t ypes of Jaundice ie Haem olyt ic Jaundice Jaundice Cholest at ic Jaundice and and t hese t ypes of Jaundicecould not be caused due t o head inj uryThe t rial Court lost sightof t he fact t hat has t o prove it s case beyond reasonabledoubt The is requiredt o prove t hat act of accusedin causinginj uriesresult edin t he deat h of t he vict iin From t hereadingof st at em ent of PW4 Dr VS Dhillon and PW Dr PremSlnghit is cryst alclear t hatdeat hin t his case is due t o Jaundice andinj uriesfound in t he N7 are not t he cause ofdeat h The Monble Apex Court in Pirt hs ipral has held t hat wheret here is a quarrelbet weent he accused and deceasedand JOYTI RANI 2016.03.28 16:20 iccused kicked t he deceasedon his t est icles no m edical t reat m ent I attest to the accuracy and integrity of this document SURESH KUMAR 2014.11.26 16: 55 Scanned True Copy of Original PHHC,Chandigarh e 41 1P Crl A No 876 SB of2000 L I l 1 CL 0 0 I C5 I Z m C I Z CQ 7 Z C1 wasgivent o t he deceased for t wo dayst he m edical opiniont hat deat hwas due t o Toxim ia becauseof gangrenewhich could be result of inj uryt o t est icles in t hat case t hereis not direct cause of deat hand accusedcannot be convict ed under Sect ion 304 6I I I I PC and t he accusedwas sent encedunder Sect ion 323 I PC So from t he reading of t he fact s of t hat case it is clear t hat alt hought he deat hin t hat case wascausedby t he inj uriesbut t herewas no direct cause ofdeat h his deat hwas due t o Toxim ia and gangrene The fact s of t hepresentcase are bet t ert han t hat case as t here is no ext ernal m ark of inj uryas per t he doct ors and deat h in t he presentcase is due t o Jaundice and not due t o inj urieS I n BeN Kavat akars case 6Supralt he inj urieswere caused bylet hal weapons deat h was t o secondary t o inj uriescaused 5 daysago and it was held t hat offence under Sect ion302134I PC is not m adeout and offence under Sect ion 326134 m adeout So in t hese circum st ances t he findingof t he t rial Court t he accused under Sect ion 304 6I I PC is not sust ainable in t heeyes of law and t he sam e st andsset aside The accused St andS under Sect ion 304 I I 9I PC So far as t he delayin lodgingt he FlR is concerned t hat cannotbe said t o be fat al The accused is t he near relat ive of t he The t rial Court has observedt hat m ot ive is provedThe accusedhas not provedany m ot ive for false im plicat ionSo it seem s t hatt here was som e disput ebet weent he part iesand occurrence t akenplace The injury on t he ear was visiblv found in t he MLR JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document SURESH KUMAR 2014.11.26 16: 55 Scanned True Copy of Original PHHC,Chandigarh 42 SURESH KUMAR 2014.11.26 16: 55 Scanned True Copy of Original PHHC,Chandigarh m Q 0 0 I t 5 I Z C I C Z Cll 7 Z V Crl A N 876 SB of2000 Alt houghno ext ernal in respectof inj uryon t he head and loackside There is no opinionof t he doct or t hat any of t he injury 1S grievousSo in t hese circum st ancest he accused st ands convict ed under Sect ion 323 I PC andconvict ion under Sect ion 456 I PC st ands m aint ained As per t he convict ion slip t he appellanthas undergone incarnat ion for a periodof 9 m ont hs This Court in j udginentdat ed 2212010 t it led as Malkiat Singhand ot hers VSe St at e of Punj abI t l Crl A No 485 SB of 2001 has held t hat t he ends ofj ust icewould bem et in case t he sent ence under Sect ion 323 I PC is reduced t o t he periodalreadyundergone So keepingin view t he fact t hat occurrence relat es t o t he year1995 and appellanthas already t rial for m ore t han15 years and has undergoneincarnat ion for a periodof 9 m ont hs t he ends ofj ust icewould be m et in case his sent ence under Sect ions323 and 456 I PC is reducedt o t he periodalreadyundergone orderaccordinglyHowever t he sent ence of fle under Sect ion 456 I lPC st andsm aint ained The appealst andsdisposedof A copy of t he j udgrnentbe sent t o t he t rial Court com pliance May26142011 1 t 0 I l Judge 1e 61 JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document