Amitnagar v. THP

2014. FIR No. 148/2014 under Sections 341/302/34 IPG has been registered onthe statement of eye-witness Shri Ayush Dua. It is alleged in the FIR that petitioners and the deceased were studying in the same college, that is, Ideal Institute ofManagement, Karkardooma, Delhi and were students of fourth year of law course. On 7^^ March, 2014, co-accused Tanuj Tiwari, Sachin, Bhup Khari and Kishan Khari caught hold of deceased, while petitioners gave fist and leg blows to the deceased on his abdomen and chest, as a result whereof, deceased fell unconscious and was removed to Dr. Hedgewar Hospital and thereafter to Max Hospital, where he was given treatment. Deceased died on the next day. Doctor has opined the cause ofdeath as under:- "Opinion: After going through the P.M. report, FSL report and histopathology report, I have come to a considerate opinion that "The cause ofdeath in this case in my opinion is Syncope as a result of (Lt) ventricular hypertrophy with valvular heart disease and its sequalae (Natural Disease). The deceased hadconsumed ethyl alcohol prior to hisdeath." Learned counsel for the petitioners submits that no offence under Section 302 IPG is attracted in this case as deceased died due to heart ailment. Other four co-accused have already been enlarged on bail by the rtrial court. Itis further contended that story propounded by the eye-witness is, otherwise, improbable since as per the viscera report, 42.[6] mg ofalcohol was detected. As per the prosecution, deceased had come out of the class room after his examination and was thrashed. It is contended that it is improbable that the deceased would have consumed alcohol while appearing in the examination. Itis further contended that presence ofShri Ayush Dua at the spot is doubtfiil, since deceased was removed to hospital by one Hemant and not by the complainant. Another eye-witness, namely, Shri Mudit Makhijani has not mentioned that deceased was pleading with the petitioners they should not beat him since he was aheart patient, although complainant Shri Ayush Dua has stated so. FIR was registered after about three hours which gave sufficient time to complainant to concoct the story. Learned APP has opposed the bail applications. It is vehemently contended that deceased was beaten up by the petitioners mercilessly. Blows were given on his chest and abdomen. Deceased was beaten up by the petitioners despite his pleading with them that he was suffering from heart problems. As per post mortem report, fracture of rib was noticed. Keeping in mind the serious nature of offence, petitioners be not granted bail. r Learned counsel for the petitioners submits that as per the MLC ofDr. Hedgewar Hospital as well as Max Hospital no injuries were noticed including fracture. In order to save the deceased, doctors had given CPR three times to revive the deceased and fracture can result due to said procedure. Keeping in mind above contentions and in the totality of circumstances, petitioners are admitted to bail, subject to their furnishing personal bond in the sum of ^25,000/- (Rupees Twenty Five Thousand Only) each with one surety each inthe like amount to the satisfaction oftrial court. Bail applications are disposed ofin the above terms. Dasti.

FEBRUARY 13,2015 rb