BHAGWAN DAS Vs. STATE OF MP

JUDGEMENT

(1.) This is an application under Section 482 of Cr.PC seeking quashment of the First Information Report dated 6-11-2008 registered against the applicants by Police Station, Baghchini, District Morena.

(2.) The facts in nutshell are that a case under Sections 306, 34 of IPC has been registered against the applicants. According to the case of prosecution Bhuribai (hereinafter referred to as "the deceased") died in the transit from her house to the hospital where she was declared dead. An information was sent by the hospital staff to the concerning Police Station, as a result of which the Investigating Agency arrived at the hospital and prepared the Panchayatnama of the dead body and sent it for post-mortem. The post-mortem was conducted by the team of three doctors namely Dr. Abhilasha Garg, Dr. Himanshu Sharma and Dr. B.P. Shakya on 20-9-2008. The team of the doctors found following injuries on the person of the deceased:-

(3.) It has been stated at the Bar by learned Counsel for applicants that the statements of applicants were recorded by the Investigating Agency in which they have stated that looking to the serious condition of the deceased she was brought in a Jeep from the Village Baghchini to the District Hospital at Morena, and therefore, during the transit and looking to the general condition of the roads of the State of Madhya Pradesh that too from remote village area to the District Hospital certainly the deceased must have sustained above said two post-mortem injuries.