Patru S/o Kapura Vs. State of Madhya Pradesh

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 600 of 2000, Judgment Date: Jun 29, 2018

Law laid down -

• In this case, Bharosa was injured on 8.8.1998 and was medically examined on same day and his x-ray examination was conducted on 10.8.1998 and in his M.L.C. and x-ray report, there was no indication about any grievous injury received by him and during treatment he died on 28.8.1998 and according to unchallenged evidence of autopsy surgeon, Bharosa died of failure of surgical operation and due to perforation peritonitis as a result of blunt injury to abdomen and its complications, hence, the inferences drawn by trial Court that the fractures of his seventh and eighth ribs and internal injury caused to abdomen were sufficient in ordinary course of nature to cause death, are not supported by total medical evidence available on record and in such factual scenario, conviction of each of five appellants only under Section 302 of the IPC, whereas each appellant was charged with Section 30/149 of the IPC, is not warranted. 
• Though the trial Court inferred that the grievous injuries in the shape of fracture of two ribs of Bharosa and his internal injury caused to the abdomen were sufficient in ordinary course of nature to cause death but this inference of the trial Court is de hors the post-mortem report as well as the evidence of the doctor conducting post-mortem of the deceased Bharosa, who opined that the reason of death of Bharosa was failure of operation and this evidence given in examination-in-chief was not even challenged by the prosecution, hence it is binding on the prosecution and since it was not proved beyond reasonable doubt by total medical evidence that the death of Bharosa was homicidal, therefore, the accused persons are not liable to be convicted under Section 302 of the IPC.

Patru S/o Kapura Vs. State of Madhya Pradesh