DEPAK CHOPRA Vs. STATE OF DELHI

JUDGEMENT

(1.) This is a bail application by Shri Deepak Chopra, one of the accused in the case F.I.R. No. 301 under Ss. 302/452/427/ 323/34 I.P.C. of P.S. R.K. Puram, New Delhi. The prosecution case stated in brief is that one Sanjay was employed at the shop of Shri Urminder Singh Sethi, deceased, and his brother Shri Surender Singh complainant, which is a shop of tailors. Sanjay left his employment with them and had joined some shop at Taj Palace Hotel, New Delhi. He left that shop also and had taken employment with Deepak Chopra, petitioner. Deepak Chopra runs his shop of tailors at M-33. Palika Bhawan and the deceased, Urminder Singh Sethi and Shri Surinder Singh were running their shop of ready-made garments at shop No. M-15, Palika Bhawan, New Delhi. On November 16, 1937 at about &.45 p.m. Deepak Chopra alongwith his co-accused said employee Sanjay, Virender Singh and his one friend Raj Pal went to the shop of Shri Urminder Singh deceased. Deepak Chopra told Urminder Singh deceased that he has incited his workers and that he had escaped earlier and that they would settle their account with him. All the four accused persons are alleged to have given fist blows and kicks to Shri Urminder Singh deceased. Sanjay, co-accused, had caught hold of Urminder Singh, Raj Pal and Deepak Chopra gave fist and kick blows at the abnomen, chest and throat. Virender Singh co-accused of the petitioner had a hockey in his hand and attacked with the hockey, but one Shiv Charan intervened, and the hockey hit Shiv Charans left arm. However, Shiv Charan snatched the hockey from the hands of Virender Singh and threw the same down. Virender Singh pushed him with force and he fell down in the shop. Virender Singh is also alleged to have given fist and kick blows to Urminder Singh. Some neighbours had gathered there. Shiv Charan andT other persons intervened and they rescued Urminder Singh. The accused fled from the place of occurrence. Urminder Singh Sethi, his brother Surender Singh and two other persons, namely Shiv Charan and one Sunil, all went to the police station in a vehicle. The Investigating Officer finding the condition of Urminder Singh Sethi as serious took him to Safdarjang Hospital for treatment where he was declared as brought dead.

(2.) The police have already submitted the charge sheet in this case and the case has also been committed to the Court of Sessions and is at the charge stage.

(3.) Bawa Gurcharan Singh, learned counsel for the petitioner, submitted that the postmortem examination report of the deceased Urminder Singh would show that the deceased had an enlarged liver. The weight of his liver as given in the postmortem examination report is 2000 gms. Whereas, according to him; the weight of liver of a normal healthy adult person varies from 1300 gms to 1800 gms As per the report of the Medical Officer who conducted the post-mortem examination on the body of the deceased the cause of death is shock due to hemorrhage as a result of ante- mortem injury (laceration of liver) produced by blunt force. The injury has been described as sufficient to cause death in ordinary course of nature. It was pointed out by Mr. Bawa that apart from this injury which proved to be a fatal, injury the deceased had only swelling over left elbow and swelling with abrasion of the size 4 cm x 7.5 cm The abdominal walls of the deceased were also found as normal. Nothing abnormal was detected in the abnomen apart except the said laceration of liver and the presence of about 1500 ml. of blood in the peritoneal cavity in the abnomen. Mr. Bawa has contended that death of the deceased was caused due to blunt force on the liver (which was an enlarged liver) caused by fist blows by any of the three accused persons besides Sanjay co-accused who is alleged who is alleged to have caught hold of Urminder Singh deceased. Nothing is also alleged that any of the accused persons was aware of the condition of the deceased that he had an enlarged liver and that under the circumstances the causing of injury by fist blows or by kicks in the abnomen could only amount to causing at worst grievious hurt to the deceased as punishable under Section 325 I.P.C. He referred to certain case law in support of his contention that the normal weight of liver of a normal healthy adult person varies from 1300 gms. to 1800 gms. he referred to page 742, Vol. 3. of the New Home Medical Encyclopedia by Samuel L. Andelman. It was also submitted by Mr. Bawa that, there is no indication either in the F.I.R. or in the statements of the prosecution witnesses as recorded by the police as to which of the three accused gave blows in the abnomen and which other gave on an other part of the person of the deceased, it was also submitted that there was no motive on the part of the accused persons to cause death of the deceased and at best it can be said that they wanted to give beatings to the deceased.