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“ REPORTABLE”

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.__174___ OF 2013

(Arising out of SLP (Criminal) No. 4883 of 2008)

Rajiv Thapar & Ors.

…. Appellants

Versus

Madan Lal Kapoor

…. Respondent

J U D G M E N T

JAGDISH SINGH KHEHAR, J.

1.

Leave granted.

2.

Rajiv Thapar (appellant no. 1 herein) married Dr. Monica Kapoor on

30.11.1991. After her marriage, Dr. Monica Thapar got admission in a

Post Graduate Diploma course in Gynaecology (DGO) at Medical College,

Surat, in June 1992. Accordingly, she started working as a Resident at the

aforesaid Medical College. At his own request, Rajiv Thapar, who was

(and still is) a member of the Indian Revenue Services, was transferred

from Ahmedabad to Surat. On 16.9.1992, while the husband and wife

were living at Surat, Dr. Monica Thapar fell ill. For her treatment, she was

admitted to Mahavir Hospital, Surat. She was diagnosed as suffering from

Malaria. Having been treated for the same, she was discharged on

20.9.1992. Two days thereafter, Dr. Monica Thapar again fell ill on

22.9.1992. This time, she was taken to Medical College, Surat i.e., the

hospital where she was herself working as a Resident. She was first

examined by a radiologist, and thereafter, by Dr. Girish Kazi, a cardiologist.

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It was suspected, that she has a hole in her heart. Based on the aforesaid

diagnosis, Dr. Dumaswala, another cardiologist, conducted Doppler echo-

cardiography. The said echo-cardiography confirmed the presence of a

large hole in her heart. On the advice of doctors who attended on Dr.

Monica Thapar at Medical College, Surat, she was shifted to Urmil Heart

and Lung Centre, Surat, on 24.9.1992. While at Urmil Heart and Lung

Centre, Surat, Dr. Monica Thapar allegedly suffered a massive heart attack

on 26.9.1992. The same supposedly proved fatal.

3.

The factum of death of Dr. Monica Thapar was conveyed to the

immediate family of Rajiv Thapar, as well as to the family of the deceased.

A decision was taken to cremate the dead body at Delhi. Accordingly,

after embalming the body of Dr. Monica Thapar, it was transported by rail

to Delhi on 27.9.1992. The immediate family of Dr. Monica Thapar

including her father Madan Lal Kapoor (respondent-complainant herein)

were present at the time of arrival of the body at Delhi.

4.

Madan Lal Kapoor made a complaint to the Police Control Room

alleging, that he suspected that his daughter had been poisoned. This

suspicion was based on the fact, that the body had turned blue. On the

aforesaid complaint, the Sub-Divisional Magistrate, Delhi, in exercise of

powers vested in him under Section 176 of the Code of Criminal Procedure

(hereinafter referred to as, the Cr.P.C.), initiated inquest proceedings. In

the first instance, the body of the deceased was subjected to a post-

mortem examination, for which the following Medical Board was

constituted:-

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(i)

Dr. Bharat Singh, Medical Superintendent, Civil Hospital,

Delhi.

(ii)

Dr. L.T. Ramani, Chief Medical Officer, Civil Hospital, Delhi.

(iii)

Dr. Beena Malhotra, Professor, Pathology, G.B. Pant Hospital,

New Delhi.

(iv)

Dr. Amit Banerjee, Professor, Cardiothoracic Surgery, G.B.

Pant Hospital, New Delhi.

The Medical Board came to the conclusion, that Dr. Monica Thapar had

died of cardiac decomposition. The final opinion of the Medical Board, was

recorded in a report dated 28.9.1992, in the following words:-

“OPINION

In view of the clinical reports submitted and post

mortem findings observed, the Board of Direcors is of the

opinion that, death is consequent to cardiac decompensation

due to enlarged atrial septal defect & pulmonary hypertension.

No definite opinion can be given about falciparm Malaria,

histopathological assessment.

Viscera is preserved for chemical analysis as desired by

SDM. Time since death is about 4