High Court Punjab-Haryana High Court

Moihinder Kaur Alias Mindo vs State Of Punjab on 15 January, 2009

Punjab-Haryana High Court
Moihinder Kaur Alias Mindo vs State Of Punjab on 15 January, 2009
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 3

could 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”