Court Finds No Prima Facie Evidence; Criticizes Second Complaint on Same Allegations
In a significant ruling, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, quashed the charges against Bishan Lal Jangid and others from Shri Shankar Seva Dham Sansthan, a charitable society accused of unlawfully removing organs from a deceased individual. The court found no prima facie evidence supporting the allegations and highlighted procedural lapses, including the inadmissibility of a second complaint mirroring the initial allegations.
The case originated when the complainant, claiming to be the brother of the deceased, alleged that the society removed and sold his brother Sitaram's organs posthumously. This claim was made despite a police investigation concluding that the allegations were baseless, and the deceased had died of natural causes due to cardiopulmonary failure. The complainant's subsequent filing of a similar complaint led to charges under Sections 201, 308, and 120-B of the Indian Penal Code being brought against the society members.
Justice Dhand emphasized that Section 308 of the IPC, concerning attempts to commit culpable homicide, applies only to living individuals, rendering the charges legally untenable. The court criticized the trial magistrate for taking cognizance of the allegations without adequate evidence and highlighted the procedural impropriety in accepting a second complaint on the same grounds, referencing the Supreme Court's ruling in T.T. Antony v. State of Kerala, which prohibits successive complaints for the same incident.
The judgment underscored the importance of protecting the rights and dignity of deceased individuals under Article 21 of the Indian Constitution. It praised the charitable work of the accused society in providing shelter and care for destitute individuals, warning that baseless accusations could deter such humanitarian efforts.
In conclusion, the High Court quashed the proceedings initiated by the second complaint, stating that they were not maintainable and did not warrant further legal action. The ruling serves as a reminder of the judiciary's role in safeguarding against frivolous litigation and upholding justice based on substantive evidence.
Bottom Line:
Filing of a second complaint with similar allegations after a negative final report in the first complaint is not tenable. Attempt to commit culpable homicide cannot be made against a deceased person as Section 308 IPC applies only to acts committed against a living person.
Statutory provision(s): Indian Penal Code Sections 201, 308, 120-B; Criminal Procedure Code Section 200; Transplantation of Human Organs and Tissues Act, 1994; Constitution of India Article 21.
Bishan Lal Jangid v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2878063
