Madhya Pradesh High Court
Trilok Pardhi vs The State Of Madhya Pradesh on 1 August, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 1st OF AUGUST, 2022
CRIMINAL APPEAL NO. 5920 OF 2022
Between:-
1. TRILOK PARDHI S/O VISHNU PRASAD PARDHI,
AGED ABOUT 38 YEARS, CASTE-PAWAR
OCCUPATION- FARMER, R/O VILLAGE PATHRI,
POLICE STATION AND TEHSIL WARASEONI,
DISTRICT BALAGHAT (MADHYA PRADESH).
2. SANDEEP DASHMER S/O GANIRAM DASHMER,
AGED ABOUT 55 YEARS, CASTE-PAWAR
OCCUPATION- FARMER, R/O VILLAGE PATHRI,
POLICE STATION AND TEHSIL WARASEONI,
DISTRICT BALAGHAT (MADHYA PRADESH).
.....APPELLANTS
(BY SHRI SANJAY SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH,
THROUGH POLICE STATION
WARASEONI, DISTRICT BALAGHAT
(MADHYA PRADESH)
2. BASANTA BAI W/O YUVRAJ VASHNIK
AGED ABOUT 55 YEARS, R/O VILLAGE
PATHRI, POLICE STATION WARASEONI,
DISTRICT BALAGHAT (MADHYA
PRADESH)
....RESPONDENT
(SHRI ADITYA NARAYAN GUPTA - GOVERNMENT ADVOCATE
THE RESPONDENT NO.1)
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2
This appeal coming on for admission this day, the Court passed
the following:
3
ORDER
This appeal is filed on behalf of appellants Trilok Pardhi and Sandeep Dashmer, under Section 14-A(1&2) of SC/ST (Prevention of Atrocities) Act.
2. Case Crime No.124/2022 is registered at Waraseoni, District Balaghat (M.P.), for offence under Sections 294, 323, 325, 307, 506, 34 of IPC, Section 3(2)(V), 3(2)(Va) of SC/ST Act. Appellants are in cus- tody since 06.04.2022.
3. Shri Sharma, submits that first appeal being Cr.A.No.3943/2022 was dismissed as withdrawn vide order dated 04.05.2022, as initially Sec- tion 302 Indian Penal Code (hereinafter referred to as "IPC" for short), was not added, but subsequently when victim Sunil Vasnik died on 01.05.2022, Section 302 IPC was added.
4. Shri Sharma further submits that provision of SC/ST Act will not be attracted, inasmuch as, present appellants Trilok Pardhi and Sandeep Dashmer also belong to Scheduled Caste community and, there- fore, said provision will not be attracted.
5. It is submitted that this case has truncated history. Admittedly, Sunil Vasnik was admitted at Civil Hospital Waraseoni, District Balaghat, with case of alcoholic with history of fall with CLW Scalp. It is men- tioned that he was intoxicated, drowsy and semi-conscious. Pupil were 4 semi dilated. It is submitted that no intimation was given to police by Dr. B. Choudhary, CMO, till 17.03.2022. There is element of overwriting and manipulation even in those documents. Police had taken MLC on 22.03.2022, then FIR was lodged and patient was again referred to the doctor. Prior to that on 16.03.2022, patient Sunil Vasnik had left hospital against medical advise, inasmuch as, there is a note in the treatment sheet dated 16.03.2022 at 3:20 p.m. to the effect "Ham Apne Marji Se Ghar Jaa Rahe Hain". Thus, it is evident that when Sunil Vasnik had left hos- pital on 16.03.2022, then what was the occasion for doctors to have or- dered for sending information to police on 17.03.2022. This aspect has been explained in query dated 04.04.2022 sent by S.H.O. Police Station Waraseoni, District Balaghat, which reads as under :-
"@@dk;kZy; Fkkuk izHkkjh Fkkuk okjkflouh ftyk ckyk?kkV@@ Øa-@Fkkuk @okjk-@ @22 fnukad&4@4@22 izfr] eq[; fpfdRlk vf/kdkjh flfoy vLirky okjkflouh fo"k;%& vkgr lquhy firk ;qojkt oklfud tkfr egkj fuoklh lat;Vksyk ik- Fkjh Fkkuk okjkflouh ds laca/k es pkgh xbZ tkudkjh foLr`r :Ik ls iznk; djus ds laca/k esaA egksn;
fo"k;kafdr ys[k dj fuosnu gS fd& 1- vkgr lquhy firk ;qojkt oklfud tkfr egkj fuoklh lat;Vksyk ikFkjh Fkkuk okjkflouh dks fnukad 11@3@21 dks bZykt gsrq 'kkldh; vLirky okjk- 5 flouh es HkrhZ fd;k x;k Fkk ftl laca/k esa fM;qVh ij mifLFkr MkDVj }kjk vLirky rgfjZj Fkkuk okjkflouh dks tkjh ugh dh xbZ Fkh bldk D;k dkj.k gSA 2- vkgr lquhy oklfud dks fnukad 11@3@22 dks HkrhZ djus ds nkSjku fdl izdkj dh pksVs FkhA 3- fnukad 11@3@21 dks HkrhZ djrs le; vkgr lquhy dks vkbZ pksVs ,DlhMsaVy Fkh ;k ekjihV djus ls vkbZ pksVs Fkh rFkk fdl rjg ds gfFk;kj ls mDr pksVs vkbZ Fkh rFkk pksVks dh izd`fr D;k FkhA vr% pkgs x;s fcUnqvks dh tkudkjh foLr`r #i es iznk; djus fou; gSA Fkkuk izHkkjh Fkkuk okjkflouh ftyk &ckyk?kkV ¼e-iz-½ The doctor gave opinion in the following terms :-
"Opinion :- 4/4/22
(i) Can't able to talk on 11.3.21 due heavy intoxication and Alcoholic influence, so can't sent information.
No history of assault given, but injuries present (2) grievous in nature"
(3) No definite opinion can be given;
may be caused by hard and blunt object.
(Dr. B. Choudhary)"
6. It is pointed out that if patient was not able to talk on 11.03.2021 and had left the hospital on 16.03.2022, then under what facts and circumstances he was admitted on 17.03.2022 and what prompted the 6 doctor to send for police information after seven days of the incident. There is no mention of the fact that Sunil Vasnik was under intoxication for about seven days and, therefore, his statement could not recorded. FIR was lodged on 22.03.2022. Statement of mother of Sunil Vasnik was recorded on 21.03.2022 and that of Sunil Vasnik on 21.03.2022, whereas, FIR came to be lodged on 22.03.2022.
7. It is also pointed out that Dr. B. Choudhary is guilty of manipu- lating records because in MLC dates have been mentioned i.e. 17.03.2022 after cutting date 22.03.2022. Even in the requisition, which was sent by Dr. Choudhary, there appears to be manipulation because there is cutting in the date and it was corrected from 13.03.2022 to 11.3.2022. However, fact of the matter is that even after the query report, Dr. Choudhary could not explain delay in sending requisition for police information. This is a serious matter, which calls for enquiry of Dr. B. Choudhary, for his al- leged involvement in the crime of suppression and manipulation of vital information.
8. Before I advert to the merits of the case, it is directed that Addl. Chief Secretary/Principal Secretary/Health and Family Welfare De- partment shall cause inquiry into the conduct of Dr. B. Choudhary, CMO Waraseoni, District Balaghat, for which learned Government Advocate shall supply all the necessary documents like MLC in which there is cut- ting of date, letter of requisition bearing date 17.03.2022, having cutting 7 of date which has been changed from 13.02.2022 to 11.03.2022 and thereafter, it was encircled and another dated 17.03.2022, was put. Also doctor will be required to explain that when patient had left the hospital, as has been noted on 16.3.2022, then where was the occasion for sending information to the police on 17.03.2022.
9. Taking this into consideration that even in the inquiry report, it is mentioned that no definite opinion can be given as to whether the in- juries sustained by Sunil Vasnik were accidental or due to beating and doctor has only mentioned that may be caused by hard and blunt object coupled with the fact that there is mention of Alcoholic with history of fall and admittedly, father of the co-accused Shailu Borkar @ Shailendra had admitted him to the hospital and taking into consideration that it was appellant No.1-Trilok Pardhi, who had informed parents of the victim that Sunil was lying underneath of bridge and the cause of death is septicemia caused because of bedsores, without commenting on merits, there being no criminal history of the appellants, appellants are in custody since 06.04.2022, there is no chance of his absconding or tempering with the prosecution evidence, this appeal is allowed and impugned order passed by the Special Court is hereby set aside.
10. Learned Government Advocate for the respondent/State op- poses the prayer for grant of bail to the appellants. 8
11. It is directed that appellants- Trilok Pardhi and Sandeep Dashmer shall be released on bail on their furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) each, along with two solvent sureties each of the like amount to the satisfaction of the trial Court to appear before the Court on the dates given by the concerned Court. It is further directed that appellants shall comply with the provi- sions of Section 437 (3) of Cr.P.C.
12. In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guide- lines issued by the Government with regard to COVID-19 before releas- ing the appellants.
13. This Appeal stands allowed and disposed of. C.C. as per rules.
(VIVEK AGARWAL) JUDGE A.Praj.
Digitally signed by ASHWANI PRAJAPATI Date: 2022.08.01 16:51:52 +05'30'