- (1.) In SLP (Crl.) No. 3207/2000 Leave granted. The appellant is now facing a murder charge as he is alleged to have exhorted some persons to attack the deceased-Dewa Tashi Bhutia. Appellant was arrested on 15.5.2000 and is continuing in custody till now. He moved for bail before the Sessions Court first and then before the High Court and as he failed to get enlarged from those Forums this appeal has been filed by special leave.
(2.) Mr. Kapil Sibal, learned Senior Counsel under instructions submitted that appellant is now implicated in this case due to political reasons because he was formerly a Minister in the same State. This allegation has been stoutly refuted by Mr. V.R. Reddy, learned Senior Counsel who argued for the State. We are not disposed to make any observation on the aforesaid and rival contentions.
(3.) Learned Senior Counsel then invited our attention to the post-mortem report and contended that since none of the injuries was neither fatal nor even sufficient in the ordinary course of nature to cause death, there is no possibility, even if the prosecution succeeds in establishing the case to the hilt, for the offence to go beyond Section 304, Part II of the Indian Penal Code. In answer thereto Mr. V.R. Reddy contended that injuries will cumulatively be sufficient to cause death and that would bring the offence within the purview of Section 299 of the IPC, whether it would amount to murder or not is a matter to be established at the trial stage.;