SURESH AND RAHUL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition against framing charge under Section 302/34 of IPC vide order dated 25/07/2019 passed in Sessions Trial No.603/2018 by 25th Additional Sessions Judge, Indore.

(2.) The chief contention of the learned counsel for the petitioners is that earlier the case was registered under Sections 323, 504 and 323 of IPC for the incident took place on 11/06/2019. Later Section 302 was added to the offence due to death of the complainant, but there is no direct nexus between the incident and the death. On the date of the incident, Sunderlal was discharged from the hospital and there is no evidence that thereafter he remained in the hospital. Postmortem report reveals that the death was due to cardio respiratory failure, therefore, the trial Court has erroneously framed the charge under Section 302 of IPC and the same deserves to be quashed.

(3.) Learned Public Prosecutor submitted that just after the incident injured taken to the District Hospital, thereafter taken to the Aurovindo Hospital. His condition was deteriorating, therefore, he was referred to the MY Hospital and remained there under treatment till his death. Treatment papers have been collected by the police and submitted with the charge-sheet, so it cannot be said that there was no direct link between the incident and the death. He further referred police statements of the witnesses, who have alleged that the death was caused due to the incident in which the deceased was beaten up by the accused persons mercilessly. This is a matter of fact that the witnesses have stated truth or not or they can be relied upon or not, therefore, the charge cannot be quashed at this stage without giving opportunity to the prosecution to establish its allegation and without appreciation of the evidence to be produced before the trial Court.