Legal matter

Legal matter

The learned counsel for the complainant, on the other hand, supported the order of the trial Court and confirmed by the High Court. It was submitted that the father of the complainant was admitted to the clinic of the appellant, the appellant gave injections and within half an hour, the patient lost his life. Section 304, IPC was, therefore, rightly invoked. Since the appellant had administered threat, the Court was right in issuing process for offences punishable under Sections 504 and 506, IPC as well. The High Court upheld the action. Hence, no interference with the orders of the Courts below is called for.

Having heard the learned counsel for the parties and having applied our mind to the material on record, in our opinion, the appeal deserves to be partly allowed.

So far as threat said to have administered by the appellant herein, it may be noted that the learned Magistrate, in the order dated January 09, 2007 did not even refer to such threat. In the said order, the learned Magistrate, dealing with the incident, dated July 04, 2001, observed that the complainant took his father Buddha Ram to the clinic of the appellant and the appellant gave three injections to the patient. Within some time, Buddha Ram died. Over and above the complainant, three witnesses also stated about the said fact. The clinic of the appellant was also ordered to be closed. There was, therefore, `sufficient evidence' to issue process against the appellant in relation to the said allegation.

In our considered opinion, therefore, the submission of the learned counsel for the appellant is well-founded that on the facts and in the circumstances of the case, no summons could have been issued to the appellant-accused for commission of offences punishable under Sections 504 and 506, IPC. We uphold the contention and quash proceedings initiated against the appellant herein for offences punishable under Sections 504 and 506, IPC.

The question then is as regards issuance of summons under Section 304, IPC. Section 304 reads thus; 304. Punishment for culpable homicide not amounting to murder Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death.