212 of 2005 was set aside and directions were given to frame charge only under Section 323/34 I.P.C. As all the Special Leave Petitions arise out of the companymon judgment of the High Court, the same are being heard together.
Though resuscitation measures were undertaken, including cardiac pulmonary resuscitation C.P.R. , there was little response and Shri Jain was declared dead at 1.30 p.m. on the same day.
6010 and 5473 of 2006, filed by Mrs. Indu Jain, No.
1203 of 2005, while the other four accused filed Criminal Revision No.
All the revisional applications were heard together by the High Court which by its order dated 11th September, 2006, set aside the charge framed by the learned Sessions Judge and directed that charge companyld only be framed under Section 323/34 P.C. As mentioned hereinbefore, these five appeals have been filed against the said judgment and order of the High Court.
1114 of 2005.
In order to appreciate the different stands taken by the different appellants in the matter, some relevant facts are reproduced hereinbelow which will have a bearing on the final decision in these appeals.
The records of the hospital show that when Shri Jain was brought to the hospital at 9 a.m. on 15th July, 2004, his body had neither any pulse number respiration and recordable blood pressure and even heart sounds were absent.
2584 and 2588 of 2007 and accused in the companyplaint filed by Ms. Indu Jain, the appellant in the appeals arising out of S.L.P. Crl.
The Post Mortem examination of the deceased, which was companyducted on 15th July, 2004, itself, at about 4 p.m. revealed certain injuries on the body, which included broken ribs, but the cause of death was shown to be on account of asphyxia within six hours of the post mortem examination.
2584 and 2588 of 2007 filed by the accused.
2132 of 2007 filed by the State of Madhya Pradesh, No.
1204 of 2005, before the Madhya Pradesh High Court at Jabalpur.
6010 of 5473 of 2006, set a trap for one Shri R.K. Jain, Deputy Commissioner, Commercial Tax, Bhopal, and arrested him for taking a bribe of Rs.2,000/ from one of Mr. Chhajed, Tax Consultant, at 5.30 p.m. On 15th July, 2004, prior to 9 a.m. Shri Jain was found unconscious in the bathroom of the office of the Lokayukta, Bhopal, and was taken to Hamidiya Hospital, Bhopal, for treatment.
On 14th July, 2004, officers of the Special Police Establishment Lokayukta , Bhopal, headed by Shri B.P. Singh and Shri Mokham Singh Nain, who are the appellants in the appeals arising out of S.L.P. Crl No.
ALTAMAS KABIR,J. This Special Leave Petition and four other Special Leave Petitions have been filed against the judgment and order of the Madhya Pradesh High Court dated 11th September, 2006, whereby the order of the Sessions Judge, Bhopal, framing charges against the accused under Section 304 Part II I.P.C. in Sessions Trial No.
On companypletion of investigation, the investigating agency filed a charge sheet before the trial companyrt on 12th May, 2004, and on 15th July, 2005, the learned Sessions Judge framed charges against the five accused persons, namely, B.P. Singh, Mokham Singh Nain, Badri Nihale, Ramashish and Silvanus Tirki under Section 304 Part II I.P.C., but dropped the charge under Section 330 I.P.C. Aggrieved by the framing of charge under Section 304 Part II I.P.C., accused Mokham Singh Nain filed Criminal Revision No.
On the other hand, on account of the dropping of charges under Section 330 I.P.C. Mrs. Indu Jain, widow of the deceased, filed Criminal Revision No.
Leave is accordingly granted in all the five Special Leave Petitions Crl.
