THAKUR RAJESH RANA Vs. STATE

JUDGEMENT

(1.) PETITIONER is aggrieved by the impugned order dated 04.6.2013 wherein the accused persons had been discharged for the offence under Section 302 of the IPC.

(2.) SUBMISSION of the learned counsel for the appellant being that there was ample evidence collected by the prosecution to charge the accused persons under Section 302 IPC and if not under Section 302 of the IPC a case under Section 304 was clearly made out. The trial court has on conjectures and surmises discharged the accused persons.

(3.) THE MLC of Rajesh Kumar evidenced that he was brought to the hospital in a dead condition. His MLC has recorded the time as 10.45 p.m. The record however otherwise shows that Rajesh Kumar (deceased) had been brought to the hospital by Atul Rana; Atul Rana had been medically examined at 9.50 p.m. Thus it is clear that the conclusion by the trial court that the deceased was apparently not present at the spot as his MLC shows time of 10.45 p.m. whereas the MLC of Atul Rana reflects the time of 9.50 p.m. is patently incorrect. The time in the MLC could the time when the patient was actually examined. The opinion on the cause of death is cardiac arrest. This has weighed in the mind of the trial judge to discharge the accused.