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DELHI HIGH COURT
S.P.Garg, J.
Mahender - Appellant
Versus
State (NCT of Delhi) - Resopndent
Criminal Appeal No. 749 of 2011 AND Criminal Appeal No. 1000 of 2011
Decided On : 11-10-2013
IPC - Offences against the person - Section 341, Section 304 Part II - Section 323/34 - The judgment discusses the application of Section 304 Part II IPC and its alteration to Section 323/34 IPC based on the evidence and medical findings. It also highlights the importance of 'knowledge' in determining the nature of the offence and the influence of medical evidence on the court's decision.
Fact of the Case:
The case involved a dispute resulting in the assault of the victim, who later died due to shock consequent to cirrhosis of the liver and jaundice. The accused were convicted under Section 341/304 Part II IPC, but the medical evidence and lack of 'knowledge' led to the alteration of the conviction to Section 323/34 IPC.
Finding of the Court:
The court found that the injuries inflicted were not sufficient to cause death and the death was a result of pre-existing medical conditions rather than the assault. The accused were held guilty of hurt under Section 323 IPC and not under Section 304 Part II IPC.
Issues: The key issues revolved around the nature of the injuries, the causation of death, and the presence of 'knowledge' regarding the potential consequences of the assault.
Ratio Decidendi: The court emphasized the importance of 'knowledge' in determining the nature of the offence and relied on medical evidence to establish the cause of death. It also considered previous case law to support its decision.
Final Decision: The conviction under Section 304 Part II IPC was altered to Section 323/34 IPC, and the accused were sentenced accordingly. Additionally, compensation was directed to be paid to the victim's family, and one of the accused was set to be released due to completion of imprisonment.
S.P. Garg, J.
1. Mahender (A-1), Radhey Shyam (A-2) and Dinesh were convicted for committing offences punishable under Section 341/304 part II IPC. By an order dated 28.09.2010, they were sentenced to undergo RI for ten years with fine Rs. 15,000/- each. A-1 and A-2 being aggrieved have challenged correctness of the judgment.
2. The incident out of which these appeals arise took place on 17.09.2004 at about 09.00 A.M. at village Ranhola. The genesis of the incident was petty dispute among A-1 to A-3 on the one hand and Ajay, on the other hand whereby they wrongfully restrained Ajay and assaulted him with fists and kicks. Police machinery was set in motion on 24.09.2004 when Ajay was admitted at Sanjay Gandhi Memorial Hospital (in short SGM Hospital); Daily Diary (DD) No. 65B (Ex.PX) was registered at PS Nangloi and First Information Report was lodged on 25.09.2004, under Section 341/323/34 IPC after recording Mohan Lal’s statement (Ex.PW-1/A). DD No. 38A (Ex.PW-10/C) was recorded after getting intimation of Ajay’s death in the hospital on 30.09.2004. During the course of investigation, Mahender, Radhey Shyam and Dinesh were arrested. Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was submitted in the Court in which they were duly charged and brought to Trial. The prosecution examined eleven witnesses to establish the case. In their 313 statements, accused persons denied their complicity with the offence in question.
3. Indisputably, a scuffle took place on 17.09.2004 in Kismat’s factory in which Ajay was thrashed and beaten but neither he was taken for medical examination nor any report was lodged with the police. He was admitted in SGM hospital by Mohan Lal, his brother on 24.09.2004 at 10.15 P.M. Since the victim was unfit to make statement, the FIR was lodged on Mohan Lal’s statement under Sections 341/323 IPC. Whether the victim regained consciousness or was oriented and physically fit to record statement before he died on 30.09.2004 is uncertain and unclear. The MLC (Ex.PW-3/A) records that at the time of medical examination, he was conscious and oriented. Apparently, at no stage, the victim made a statement to the police implicating the appellants for causing injuries to him. PW- Mohan Lal, who was aware of the scuffle on 17.09.2004 from the inception and was in constant touch with the victim facilitating treatment at Dr.Rajesh’s clinic did not lodge any report with the police any time soon after the incident. Undoubtedly, prior to 24.09.2004, he was under medical treatment at “Vaid Ortho and Gynae Clinic, 22, Najaf Garh Road, Nangloi, Delhi” and PW-8 (Dr.Rajesh Gupta) had prescribed medicines at the first instance for two days and thereafter, for a week. Ajay again visited Dr.Rajesh Gupta’s clinic and complained of hiccup and vomiting. Dr.Rajesh advised admission if hiccup persisted vide prescription card Ex.PW-8/A. The victim got regular treatment as outdoor patient from Dr.Rajesh Gupta and at no stage implicated the appellants for the injuries inflicted to him. In prescription card (Ex.PW- 8/A), no injuries were noticed on the body, name of disease was not depicted. PW-8 (Dr.Rajesh Gupta) did not consider it a medico-legal case to intimate the police. PW-3 (Dr.Manoj) proved MLC (Ex.PW-3/A) prepared on the first appearance at SGM Hospital on 24.09.2004 by Dr. Anju Garg in which she observed only one injury i.e. “Right eye sub conjuctival large facial defuse swelling ictrus present”. PW-2 (Dr.B.K.Jha), autopsy surgeon in report Ex.PW-2/A found one external injury i.e. “Build abrasion on right frontal region just above eye brow 1cm X 1cm”. The cause of death was opined as shock consequent to “cirrohosis of liver as a result of physical assault’. In the cross-examination, he admitted that deceased was suffering from cirrohosis of liver, (a natural disease process) and jaundice. The Investigating Officer did not ascertain during investigation if
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