HUKAM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THERE are two occurrences. In the first incident occurring at 8.00 p.m. on February 5, 1987 near Sindawani crossing at Barnala Sham Lal and Tara Chand accused are alleged to have abused Hukam Chand and inflicted some injuries on his hands. In the second incident occurring inside the factory on the same day shortly thereafter both the accused aforesaid are alleged to have given injuries to Birbal Dass (now deceased) with their hands only. In the post mortem report the cause of death given out is, "The cause of death in our opinion in this case was due to shock and as a result of sudden cardiac arrest which is sufficient to cause death in the ordinary course of nature." Dr. Suresh Kumar Singla, Medical Officer, Civil Hospital, Barnala PW 1 stated in cross examination "The possibility is that without manhandling or excitement, the man would have died due to sudden heart attack." On external examination, the man would have died due to sudden heart attack." On external examination, the doctor performing the post mortem detected only an abrasion 1/2 x 1/4 cm on the left surface of the nose 1 cm from the medial end of left eye brow and 1/2 cm away from the mid line.

(2.) ON these facts the learned trial court framed the charge under Section 323 of the Indian Penal Code against two accused named Tara Chand and Sham Lal, under Sections 323 read with Section 149 of the Indian Penal Code against the remaining three accused besides them named Mahesh, Malkiat Singh and Karnail Singh and under section 452 of the Indian Penal Code against all the five accused aforesaid and remitted the case to learned Chief Judicial Magistrate, Sangrur for trial vide its impugned order dated September 22, 1987. Feeling aggrieved against it complainant party has filed Criminal Revision No. 1132 of 1987 in this Court.

(3.) LEARNED counsel for the petitioner has read before me the opinion expressed by the Medical Officer, Civil Hospital, Barnala on February 6, 1987 on police application. The query made in the application is, "whether the cardiac arrest could be due to vasco-vasal stimulation arising from man-handling of the victim by the accused", and the answer is, "The possibility is there."