SANJAY ANGRISH SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in a case registered vide FIR No.243 dtd. 17/8/2020 at Police Station Sadar Amritsar, District Amritsar under Sec. 304-A read with Sec. 34 of Indian Penal Code, wherein offences under Ss. 302/376 IPC were added and offences under Ss. 376/34 IPC were deleted later on.

(2.) The FIR was lodged at the instance of William Masih wherein it is alleged that his younger daughter aged about 21 years was doing the course of GNM (Nursing) and was working at Florem Hospital, Majitha Road Bye-pass, Amritsar and was living as a PG (paying guest) in the house of the Manager Sanjay Sharma i.e. the petitioner. It is alleged that on 16/8/2020 the complainant's brother Sahib Singh received a telephone call that his niece had expired. When the complainant and his brother reached the house of the deceased they found that his daughter lying dead. When they made inquires from Sanjay Sharma he stated that complainant's daughter had injected something in her body on account of which she had died. The complainant, however, stated that his daughter was not addicted to any intoxicant and she had lost her life on account of negligence of the doctor and Sanjay Sharma and that Sanjay Sharma in order to conceal the same had levelled false allegations that complainant's daughter had herself injected some intoxicant.

(3.) Learned counsel for the petitioner has submitted that a perusal of the FIR itself would show that the petitioner has no role in the death of complainant's daughter and that infact it is a case where the FIR was initially lodged for offence under Sec. 304-A only but subsequently offences under Ss. 302 and 376 IPC were also added though upon inquires offence under Sec. 376 IPC was deleted. Learned counsel has further submitted that the only evidence to substantiate the case of the prosecution as regards offence under Sec. 302 IPC is in the shape of an extra judicial confession made by the accused before one Punjab Singh, which is a very weak type of evidence. Learned counsel has submitted that the medical evidence also does not support the case of the prosecution inasmuch as the cause of death has been opined to be Asphyxia.