Criminal Appeal No. 1232-SB of 2003 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Appeal No. 1232-SB of 2003
Date of Decision: 15.1.2009
Moihinder Kaur alias Mindo
...Appellant
Versus
State of Punjab.
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. S.S. Rana, Advocate
for the appellant.
Mr. Mehardeep Singh, Assistant Advocate
General, Punjab, for the State
Kanwaljit Singh Ahluwalia, J. (Oral)
The present appeal was filed by Mohinder Kaur alias Mindo.
This appeal was accepted and Mohinder Kaur alias Mindo was acquitted
by this Court vide order dated 30.10.2007. Co-accused Chuhar Singh
had died during trial and regarding his death response was sought from
Advocate General, Punjab.
An affidavit has been filed along with a Magisterial Enquiry
conducted by the Sub Divisional Magistrate-cum-Enquiry Officer,
Hoshiarpur. The wife and daughter of Chuhar Singh, deceased, had
absolved Kapoor Singh, Assistant Sub Inspector. A very detailed
enquiry has been conducted running into 22 pages and it has been held
that the cause of death of Chuhar Singh was not torture or beating given
Criminal Appeal No. 1232-SB of 2003 2
by Mahilpur Police but the cause of death in this case was hemorrhage
and shock and respiratory failure due to bleeding duodenal ulcer and
ulcerative gastritis and chronic supparative lung disease and empyema.
The evidence of pre-existing suppurative lung disease crdiomegaly and
hepatomegaly contributed to his morbidity and mortality.
The Sub Divisional Magistrate-cum-Enquiry Officer,
Hoshiarpur, has further held as under:-
“It is evident from the record that on
9.9.2000 at 4.00 P.M. Sh. Chuhar Singh was
brought by ASI Kapoor Singh and his police party
from JIC Amritsar to the Civil Hospital, Hoshiarpur,
where Dr. Harindejit Singh Garg who was an
Emergency Medical Officer at that time examined
him and found his pulse and blood pressure
unrecordable and his hands and feet were cold.
Doctor advised ASI Kapoor Singh to get Sh. Chuhar
Singh admitted in the Civil Hospital, but ASI Kapoor
Singh did not pay any heed to his advice and took
away Chuhar Singh to the Courts where he was to
be produced. ASI Kapoor Singh got him admitted in
the Civil Hospital, Hoshiarpur, at 5.45 P.M. on
9.9.2000 as a result the condition of Sh. Chuhar
Singh became bad to worse. Had he admitted Sh.
Chuhar Singh in the Hospital at the time, the Doctor
had advised him, the life of Sh. Chuhar Singh could
have been saved. In view of this, ASI Kapoor Singh
Criminal Appeal No. 1232-SB of 2003 3could be held responsible for not providing medical
treatment at appropriate time to deceased Sh.
Chuhar Singh. ASI Kapoor Singh has not discharged
his duty diligently. He has shown irresponsible
attitude towards the deceased Sh. Chuhar Singh by
not admitting him in the Ciivl Hospital Hoshiarpur at
4.00 P.M. on 9.9.2000 for treatment. It is grave
carelessness on the part of Govt. official because
timely medical treatment could have saved his life. It
is recommended that necessary action be taken
against him under the provisions of the Police
Rules”.
Thereafter, an affidavit has been filed by the Deputy
Superintendent of Police, Garhshankar, District Hoshiarpur on
29.5.2008. It is stated therein that subsequently, statements of Mukhtiar
Singh, nephew of Chuhar Singh, Surjit Kaur, widow and Harjinder Kaur,
daughter of Chuhar Singh have been recorded. They have stated that
Kapoor Singh, Assistant Sub Inspector, was not responsible. Therefore,
no further action is called for in pursuance of directions given by this
Court while acquitting appellant Mohinder Kaur alias Mindo.
(Kanwaljit Singh Ahluwalia)
Judge
January 15, 2009
“DK”