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2021 Supreme(P&H) 1364
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arvind Singh Sangwan, J.
Lakhwinder Jassal @ Vicky - Appellant
Versus
State Of Punjab - Respondent
CRM-M-23818-2020 (O&M)
Decided On : 06-08-2021
Mr. H.S. Brar, Sr. Advocate with Ms. Anshika Sharma, Advocate for the Appellant; Mr. Joginder Pal Ratra, DAG, Punjab, for the Respondent
The court's decision was influenced by the need to determine the appropriate offense under Section 304 IPC or Section 302 IPC, and the impact of prolonged custody on the petitioner's rights.
Headnote:
Regular Bail - Sections 304/34 IPC - Summary
Fact of the Case:
The petitioner sought regular bail in a case involving Sections 304/34 IPC, where the deceased allegedly died due to a heart attack following an altercation. The cause of death was disputed, and the court directed the formation of a medical board to ascertain the cause of death.
Finding of the Court:
The court, without commenting on the merits of the case, granted the petitioner regular bail due to the prolonged custody and the need to determine whether the offense under Section 304 IPC or Section 302 IPC is applicable.
Issues: Disputed cause of death, prolonged custody, determination of applicable offense under Section 304 IPC or Section 302 IPC.
Ratio Decidendi: The court's decision was influenced by the prolonged custody of the petitioner and the need to determine the appropriate offense under Section 304 IPC or Section 302 IPC.
Final Decision: The petitioner was granted regular bail.
JUDGMENT
Arvind Singh Sangwan, J. (Oral). - Prayer in this 2nd petition is for grant of regular bail in FIR No.12 dated 08.02.2019 under Sections 304/34 IPC (Section 302 IPC was added later on), registered at Police Station Goraya, Police District Jalandhar Rural, District Jalandhar; earlier one was dismissed as withdrawn with liberty to approach the trial Court vide order dated 17.02.2020.
On 15.10.2020, following order was passed by this Court: -
“As per the allegations in the FIR, registered at the instance of Darshan Kaur, aged 60 years, she is married to one Sharan Dass @ Meet Ram, who is an old person and because of weakness of his leg, he used to walk with the help of two sticks. On the date of incident, she along with her daughter Tamanna and her husband, were present in their house whereas Vicky, who is son of the brother-in-law, parked his car on her gate. In the meantime, when she asked not to park the same, he came out of the car and when Sharan Dass @ Meet Ram, went outside with the help of his sticks, to raise a protest, the petitioner - Lakhwinder Jassal @ Vicky started giving abuses and snatched his sticks, which made him to fall down on the ground.
Thereafter, Pamma, who is brother of Vicky also came at the spot and both of them started giving beatings to her husband and caused injuries on the head and back of Sharan Dass @ Meet Ram and when she and her daughter tried to save him, they were also manhandled.
As per the post-mortem report, it was opined that the cause of death will be given after receiving the Chemical Examiner report.
As per the Viscera report, from the office of Chemical Examiner, it is stated that no poison was detected and the cause of death as per the post-mortem report, is “Mayocardial Infraction”, which is ante mortem in nature and sufficient to cause death. As per the affidavit of the Assistant Superintendent of Police, Sub- Division Phillaur, District Jalandhar (Rural), it is stated that on the basis of this opinion of the Chemical Examiner, a cancellation report is prepared and submitted before the trial Court, which is pending consideration.
Since in number of cases, where the cause of death is reported as “Mayocardial Infraction”, which occurs mainly in the elderly persons, who are given injuries with fist blows and kick blows, etc. on their abdomen, chest or back, dies because of Mayocardial Infraction. Such type of injuries which are not visible being internal injuries are not reported either in the MLR at the first instance or in the post-mortem report, if the death occurs at the subsequent stage.
Therefore, it is difficult for the Courts to form an opinion despite specific allegation made by the eye-witnesses, of causing injuries with fist blows or kick blows, etc.
List again on 14.12.2020.
In the meantime, the Director General, Health Services,
Punjab, is directed to constitute a Board of Senior Doctors, who are expert on the subject matter and submit a report regarding the opinion given in the Chemical Examiner's report for the cause of death as “Mayocardial Infraction”. The Board shall interpret if no external injury was reported in MLR/Post-mortem Report to the victim(s), even if the same is supported by eye-witness in the FIR or if the injuries are internal and are not visible in the MLR/post- mortem but it is complained in the FIR that fist or kick blows, have been given, “Mayocardial Infraction” amounts to natural death as in the instant case, the police taking it to be natural death has prepared a cancellation report. Moreover the Board will also suggest whether the Ultrasound Scan or any other scientific investigation, can be conducted in this regard to find out any internal injury while conducting the MLR/postmortem report.
Even in some cases where the FIR is registered at the instance of an injured person, (who later on died) and has given the history of assault, however, it is not noticed while conducting the MLR and post-mortem by just observing that no external injury is visibl
