INDU JAIN Vs. STATE OF M P

JUDGEMENT

(1.) This Special Leave Petition and four other Special Leave Petitions have been filed against the judgment and order of the Madhya Pradesh High Court dated 11th September, 2006, whereby the order of the Sessions Judge, Bhopal, framing charges against the accused under Section 304 Part II I. P. C. in Sessions Trial No. 212 of 2005 was set aside and directions were given to frame charge only under Section 323/34 I. P. C. As all the Special Leave Petitions arise out of the common judgment of the High Court, the same are being heard together. Leave is accordingly granted in all the five Special Leave Petitions (Crl.) Nos. 6010 and 5473 of 2006, filed by Mrs. Indu Jain, No. 2132 of 2007 filed by the State of Madhya Pradesh, No. 2584 and 2588 of 2007 filed by the accused.

(2.) In order to appreciate the different stands taken by the different appellants in the matter, some relevant facts are reproduced hereinbelow which will have a bearing on the final decision in these appeals.

(3.) On 14th July, 2004, officers of the Special Police Establishment (Lokayukta), Bhopal, headed by Shri B. P. Singh and Shri Mokham Singh Nain, who are the appellants in the appeals arising out of S. L. P. (Crl.) No. 2584 and 2588 of 2007 and accused in the complaint filed by Ms. Indu Jain, the appellant in the appeals arising out of S. L. P. (Crl.) Nos. 6010, 5473 of 2006, set a trap for one Shri R. K. Jain, Deputy Commissioner, Commercial Tax, Bhopal, and arrested him for taking a bribe of Rs. 2,000/- from one of Mr. Chhajed, Tax Consultant, at 5.30 p. m. On 15th July, 2004, prior to 9 a.m. Shri Jain was found unconscious in the bathroom of the office of the Lokayukta, Bhopal, and was taken to Hamidiya Hospital, Bhopal, for treatment. The records of the hospital show that when Shri Jain was brought to the hospital at 9 a.m. on 15th July, 2004, his body had neither any pulse nor respiration and recordable blood pressure and even heart sounds were absent. Though resusciation measures were undertaken, including cardiac pulmonary resuscitation (C. P. R.), there was little response and Shri Jain was declared dead at 1.30 p.m. on the same day.