Ritu Bahri, J. - (1.) THE Petitioner has sought quashing of order dated 13.01.2009 vide which the charge has been framed against the Petitioners (Annexure P4) and the order of charge sheet dated 13.01.2009 (Annexure P5), vide which the Petitioners have been facing trial under Section 304.
(2.) THE dispute arose between the Petitioners Narinder Vij and Naveneet Vij, Vijay Kumar, Sudesh Rani, all residents of Gali No. 3, Krishna Gali, Dhariwal and the complainant. The accused armed with Datar, Sota entered in the house of the complainant and when Vijay Kumar raised lalkara and Narinder Vij gave datar blow upon Kumal, which hit on his left arm on the elbow and the other person started giving brick blows to the complainant and his family members. Thereafter, Narinder Vij gave a push to the complainant mother Sewawanti by which she fell down and she died at the spot. Sandeep Kumar took Kunal to Civil Hospital, Gurdaspur. The motive behind this attack was that the complainant and his family members had filed a case in the Court against the Petitioners and they wanted to get this case withdrawn. The F.I.R was registered on the statement of the complainant. Learned Counsel for the Petitioner has argued that Sewawanti (deceased) was an elderly women and was suffering from heart disease. So, she died because of heart failure which is a natural death and no case of any injury inflicted by him. Counsel for the Petitioners has further argued that as per F.I.R and the eye witnesses, she (Sewawanti) was merely pushed by Narinder Vij and she fell down and died because of heart failure. So this case does fall within the ambit of Section 323 IPC and not under Section 304 IPC. He has referred to Post Mortem Report (Annexure P1). which reads as under: No apparent external injuries marks present on the body. - -On examination of Heart -Heart is enlarged in size and yellow coloured fat present in abundance on heart. On dissection of heart -there was a pale yellow opaque patch 5 cm X4 cm in size of infract over enfecalateral wall of left ventricle corresponding left anterior descending artery having a big clot, clotted blood present in left artrium on dissection of major vessels -althermanous plaque is present in the wall of major vessels leading to nassowina of the lumen
(3.) THEREAFTER , the doctor gave the opinion in the post mortem report as follows: In my opinion at this stage, the cause of death will be given after the report of chemical examiner, Punjab, Khara, All the injuries are ante -mortem in nature.;