Businessman's death: Delhi HC dismisses policeman's plea challenging framing of charges against him

New Delhi [India], September 27 : The Delhi High Court on Wednesday dismissed the plea moved against framing of charges in connection to the death of a businessman at a Gorakhpur hotel in Uttar Pradesh, in which six policemen have been named as accused. 
One of them challenged the order on charges passed by the trial court in January 2023. 
Justice Jasmeet Singh dismissed the petition and said, "I am of the view that the learned Special Judge has correctly appreciated the facts in issue and the law on the subject and has also rightly sifted and weighed the material placed before him." 
"Keeping in view the totality of the circumstances for the limited purposes of charge, I find no reason to interfere with the order on charge January 09, 2023 and formal order on charge of January 13, 2023. The petition is dismissed," said Justice Singh in a judgement passed on September 27.
"I am of the view that the present case fulfils the criteria that the bodily injury was present; the injury was not unintentional or accidental, since the Revisionist consciously inflicted injury upon the deceased by beating him up; the nature of injury was grievous since it was on a vital part of the body, that is the head and the same is sufficient to cause death in the ordinary course of nature," Justice Singh observed in the judgement. 
The court said that whether or not the accused intended to inflict a serious injury or whether the injury was sufficient to cause death in the ordinary course of nature, are only questions of fact.
"I am of the view that these questions of fact can only be adjudicated upon once the parties have led evidence," Justice Singh said.
The high court referred to the post-mortem report of the deceased Manish Gupta and said that there is nothing on record in the post-mortem report which states that the injury inflicted upon the deceased was “not” sufficient to cause death in the ordinary course of nature. Regardless, the Revisionist will have an opportunity to cross-examine the doctors on their opinions. 
The Revisionist has relied upon the post-mortem report which states that death was caused due to “Coma due to ante-mortem injuries”. On the other hand, the AIIMS Medical Board Expert Opined has opined “abraded contusion, swelling of size 5x4 cms over middle of forehead. On cutting skin, underneath hematoma present. On the opening of skull, brain membrane hematoma present," the bench noted. 
Advocate Rajiv Mohan, counsel for Revisionist, argued that the only injury which was grievous was on the head of the deceased and the remaining injuries were on non-vital parts. 
The high court rejected the submission and said that it is extremely plausible for a person to die due to a single blow. Nowhere is it stated that the offence u/s 302 IPC must constitute the infliction of multiple blows or extensive bodily harm upon an individual. 
"In the present case, the injury which was inflicted was on the head of the deceased, which is a sensitive and vital part of the body. Consequently, any forceful impact or injury to the head may culminate in the death of an individual," the high court. 
The bench said that the fact whether the blow was sufficient to cause death in the ordinary course of nature and whether the Revisionist was aware of the same can be determined only after the trial is led and at this stage, this argument cannot be a ground for not framing charge u/s 302 IPC. 
" There is a medical opinion of doctors on record by a panel of seven doctors of repute which
seems to suggest that the nature of injury in the present case, was sufficient to cause death in the ordinary course of nature. Hence, there is no infirmity in order framing charge against the Revisionist u/s 302 IPC, " the high court said in the judgement.
Jagat Narayan moved a petition seeking the setting aside of the order on charge dated  January 09, 2023, and the formal order on charge dated January 13, 2023, whereby charges u/s302/323/325/201/218/149/34/120B IPC have been framed against him. 
An FIR on 29.09.2021 was registered against SHO Jagat Narayan Singh, SI Akshaya Mishra, SI Vijay Mishra and three other police officials on the complaint of Meenakshi Gupta (wife of deceased Manish Gupta). 
As per CBI, On September 27, 2021, the deceased Manish Gupta, along with two other people checked-in Hotel Krishna Palace, Gorakhpur. On the intervening night of September 27 or 28, 2021 at about 12:00 am, the Revisionist, along with other accused police officers, including SI Akshay Kumar Mishra, Constable Prashant Kumar, and Head Constable Kamlesh Singh Yadav arrived at the Hotel.
Upon inquiring with the Hotel Manager (Aadarsh Pandey), the accused persons were informed that room No. 512 was occupied by three individuals from different districts of UP and Haryana.
This prompted them to check the room. They knocked on the door, which was then opened by Harbir. Upon entering the room, the Revisionist requested Harbir to provide his identity card and explain the purpose of his visit to Gorakhpur. Harbir presented his own ID and the ID of Pradeep Kumar, who was asleep at the time, and requested that the deceased, Manish Gupta, also show his ID to them. 
It is alleged that the Revisionist asked the occupants of the said room to go with them to the police station for further inquiry. In between, the deceased Manish Gupta called his friend Durgesh Vajpai for help.
It is further alleged that Harbir and Manish were abused and beaten by the accused persons i.e. the Revisionist, SI Akshay Kumar Mishra and Constable Prashant Kumar. When the deceased Manish Gupta protested from being taken out of the room, the Revisionist allegedly pushed the forehead of the deceased against a wall, as a result of which he lost consciousness and fell on the floor- face first. Efforts were made to bring the deceased back to consciousness, but he did not move. 
Subsequently, with the help of the Hotel staff, the deceased was brought from his room to the ground floor and the Revisionist, along with other police officials took him to the hospital where he was declared dead. 
After the initial investigation of this case by SIT, Gorakhpur, the investigation was transferred to SIT Kanpur on November November 02, 2021. The government of U.P. issued a notification on 22, 2021 for transferring the investigation to CBI. 
Accordingly, on November 02, 2021, the CBI registered the present RC and filed a chargesheet against the Revisionist for the offences under section 302/323/325/201/218/149/34/120B IPC.
Trial Court ordered for framing of charges u/s 302/323/325/506/218/201 r/w 34/120-B/ 149 of IPC against the Revisionist Jagat Narayan Singh and vide order dated January 13, 2023, charges were framed against the Revisionist including section 302 IPC. 
The trial has been transferred to Delhi on the order of the Supreme Court.