II(2014)CCR110(SC), I(2014)DMC826SC, 2014(2)KLJ266, (2014) 2 MLJ(Crl) 207 (SC), 2014(2)RLW1343, 2014(4)SCALE153

It has come out in evidence that the deceased was suffering from Epilepsy for the last three years i.e. before 15.3.1993, the date of incident. This fact is fortified by the evidence of Dr. Kuldeep, who was examined as DW1. He deposed that the deceased was suffering from Epilepsy and was under his treatment from 23.12.1992 to 2.4.1993 at Kuldeep Hospital, Ambala City. His evidence was brushed aside by the trial Court on the ground that Dr. Kuldeep was not a Psychiatrist. It may be noted that Epilepsy is not a Psychiatrist problem. It is a disease of nerves system and a MD (Medicine) could treat the patient of Epilepsy. The reasoning given by the trial Court for brushing aside the evidence of DW1 cannot be sustained. Therefore, the possibility of an accidental death, since she was suffering from Epilepsy, cannot Page 2626be ruled out. Evidently, she was in the kitchen and, might be, during cooking she might have suffered Epileptic symptoms and fell down on the gas stove and might have caught fire, resulting her ultimate death. - DW2, ASI Ram Mohan, the Investigating Officer of the case, deposed that he had recorded the statements of the deceased wherein she had stated that she was suffering from Epilepsy for the last three years before the incident and that on 15.9.1993 while she was preparing meals on stove, she had an attack of fits and fell on the stove and caught fire. She had also deposed at that time that her husband was away at duty at Madhuban, Karnal. In our view, the evidence of DW2 has to be appreciated in the light of overall facts and circumstances of the case. 

Code of Criminal Prcedure, 1973

Indian Penal Code, 1860