RAJA RAM JAISWAL (IN JAIL) Vs. STATE

JUDGEMENT

(1.) THIS is the second bail application -the first having been rejected vide this Court's Order of 7th August, 2002, passed in Criminal Misc. Case No. 3256 (B) of 2002. The prosecution case against the applicant, Raja Ram Jaiswal is that he had throttled the informant's brother Brijesh Kumar to death, while the latter was coming to his home after collecting mustard oil in a rickshaw. The applicant, Raja Ram Jaiswal was driving a handcart, which collided with the rickshaw of Brijesh Kumar and although the collision was minor, yet it resulted in an altercation between the two. The applicant was so enraged under the passion of heat and anger that he strangulated Brijesh Kumar to death.

(2.) MR . Virendra Bhatia, learned Counsel appearing for the applicant has submitted twofold argument before this Court. Firstly, that the fracas between the two was the result of sudden provocation, which is indicative of the fact that the applicant had neither any motive to cause his death nor he had any intention to eliminate the informant's brother.

(3.) SO far as the Medical Jurisprudence regarding strangulation is concerned, learned Counsel for the applicant relied upon the opinion of a Medical Jurist 'Alfred Swaine Taylor' as recited in his book 'Taylor's Principles and Practice of Medical Jurisprudence'. The author has, on page 286 (13th edition), observed that in case where the obstructive process appears to have been less forcibly applied, or possibly intermittent, and the hypoxial features are pronounced, it again might be considered reasonable to suggest that these are more compatible with a longer period of time but unlikely to have exceeded one minute.