Whether accused can be prosecuted on the ground that deceased died due to high blood pressure due to abuses given by them?

               When the deceased died naturally, the applicants 
can not be prosecuted on the specious allegations that due to 
the abuses which they had used, the blood pressure of the 
deceased shoot up.  There is no evidence available on record 

to show that the present applicants were knowing that the 
deceased was suffering from blood pressure.  Therefore, it is 
absolutely clear that there is no  mens rea  on the part of the 
present applicants.                                                                    
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY   
                                BENCH AT AURANGABAD
      
CRIMINAL REVISION APPLICATION NO. 221 OF 2014
Khandu Dhondibhau Khodade

V E R S U S

The State of Maharashtra

CORAM : V.M.DESHPANDE, J.
DATE OF JUDGMENT : 12th JANUARY, 2015
Citation;2015ALLMR(CRI)1402

                                
    
Rule.     Rule   is   made   returnable   forthwith.     By 
consent   of   the   learned   counsel   for   the   applicants   and   the 
learned   A.P.P.   for   the   State,     the   Criminal   Revision 
Application is taken up for  final hearing.  
2.
Heard  Mr. Amol S. Sawant, the learned counsel 
for the applicants and Mr. V.H.Dighe, the learned A.P.P. for 
the Respondent ­ State.
3.
The present Criminal Revision Application arises 
out   of   the   order   dated   31/07/2014   passed   by   the   learned 
District Judge – 4 and Assistant Sessions Judge, Ahmednagar 

below   Exh.   5   in   Sessions   Case   No.   51/2012,   whereby   the 
learned trial Court rejected the application for discharge filed 
on behalf of the present applicants.  
4.
The entire charge sheet is placed on record.   The 
applicants   are   accused   in   Crime   No.   I­144/2011   registered 
with   Parner   police   station,   Taluka   Parner,   District 

Ahmadnagar for the offence punishable u/s 304 (Part­II), 506 
read with  section  34 of  the  Indian  Penal  Code.     The said 
crime was registered on the basis of the report lodged by one 
Ganesh Bansi Khodade, a son of deceased Bansi Khodade.  
5.
The F.I.R. shows that on 28/07/2011 in front of 
the house of the first informant, the present applicants used 
abusive words to the father of the first informant when he 
and   his   father   were   standing   there.       The   deceased   was 
admitted   in   the   hospital   for   high   blood   pressure. 
Unfortunately, he died on 29/07/2011.     The F.I.R. alleges 
that due to the abusive words used by the present applicants, 
the   blood   pressure   of   the   deceased   shoot   up,   causing   his 
death.  

The  death  certificate  is available  on  record.   It 
shows that the deceased died his natural death.  
6.
7.
When the deceased died naturally, the applicants 
can not be prosecuted on the specious allegations that due to 
the abuses which they had used, the blood pressure of the 
deceased shoot up.  There is no evidence available on record 

to show that the present applicants were knowing that the 
deceased was suffering from blood pressure.  Therefore, it is 
absolutely clear that there is no  mens rea  on the part of the 
present applicants.  
8.
In that view of the matter, there is no material 
against   the   present   applicants   and   the   continuance   of   the 
criminal proceeding against the applicants is nothing but the 
abuse of process of law.  
9.
Hence,   the   order   passed   by   the   learned   trial 
Court   is   set   aside.     The   applicants   stand   discharged   from 
Sessions   Case   No.   51/2012.   The   charge   sheet   which   is 
registered as Sessions Case No. 51/2012 is hereby quashed.  

With   the   above   observations,   Rule   is   made 
10.
absolute.  
 [V.M.DESHPANDE, J.]

Print Page