SURESH PANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Sec. 482 CrPC has been filed for quashing the FIR No.248/2019 registered at Police Station Kotwali, District Ajmer initially for the offence under Ss. 323 and 341 IPC; later, Sec. 304 IPC added on account of death of father of the complainant.

(2.) Learned counsel for the petitioner submitted that it is a case where on account of grave and sudden provocation by the deceased, he slapped him once only. Learned counsel submitted that deceased died after five days of the incident after he was subjected to surgery and cause of death could not be attributed to the petitioner which might be on account of complications during the surgery. He submitted that his case falls within the four corners of Exception 4 to Sec. 300 IPC and hence, the FIR in question deserves to be quashed and set aside. Learned counsel relied upon the judgment of Hon'ble Apex Court of India in case of Surain Singh Vs. The State of Punjab: (2017) 5 SCC 796 in support of his submissions.

(3.) Learned Public Prosecutor assisted by learned counsel for the complainant opposing the prayer submitted that during the course of investigation, offences under Ss. 323, 341 and 304 IPC have been found to be proved against the petitioner. They submitted that the petitioner has, during the course of his interrogation in pursuance of direction of this Court, admitted that scuffle took place in between him and the deceased and hence, no case is made out for quashing the FIR.