Disposed

Kameshwar Mistri v. The State Of Bihar

Patna HC10 Apr 2014CR. APP (DB)/170/2014

Case brief

AI extract

What is this about?

This case deals with an appeal by a convict who died while being transported for medical treatment. The High Court noted that the medical authorities had provided necessary care. Consequently, the court held that no further action was required and the appeal abated due to the appellant's death.

What did the court decide?

The appeal is declared to have abated and is disposed of accordingly.

Kameshwar Mistri Vs The State Of Bihar — Criminal Trial and Appeal | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.170 of 2014

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===================================== Kameshwar Mistri Son Of Late Chotu Mistri Resident Of Village - Subhani Bigha, P.S.- Hulasganj, District - Jehanabad.

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.... .... Appellant Versus The State Of Bihar .... .... Respondent ===================================== Appearance : For the Appellant/s : Mrs. Anjana Mishra, Advocate For the Respondent/s : Mr. A.Asharma, APP ===================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI)

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5 10-04-2014 In view of submissions of Mrs. Anjana Mishra, learned counsel for the appellant/convict, that due to inadequate treatment, the appellant died, on 28.3.2014, while being carried to PMCH for treatment, this Court called for a report from the Superintendent, District Jail, Jehanabad.

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The report, dated 9.4.2014, of the Superintendent, District jail, Jehanabad, is on record.

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The Superintendent, District jail, Jehanabad, has stated, in his report, that on the application of the appellant, made on 10.2.2014, that he had been suffering from Cancer and had been receiving Cameo therapy in the Mahavir Cancer Institute, Phulwarisharif (hereinafter

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Patna High Court CR. APP (DB) No.170 of 2014 (5) dt.10-04-2014

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referred to as the Institute), a Medical Board considered the matter on 12.2.2014, the appellant was taken to the said Institute twice, for treatment i.e., on 13.2.2014 and 20.2.2014, where he was given medicine of Rs.4419/-. Simultaneously, on the communication of the District Magistrate, Jehanabad, to the higher authorities, the appellant had also been shifted to the nearby Jail, namely, Adarsh Central Jail, Beur, on 19.3.2014, to facilitate effective treatment to the appellant. However, the appellant died on 28.3.2014, on way to the PMCH from the Adarsh Central Jail, Beur.

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On perusal of report, dated 9.4.2014, of the Superintendent, District jail, Jehanabad, we are satisfied that the authorities concerned had taken due care to provide necessary medical treatment to the appellant, who had been suffering from Cancer and had already been under treatment in the said Institute.

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In the above view of the matter, no further action is called for. As the appellant has died, the appeal abates and shall stand disposed of accordingly.

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(I. A. Ansari, J)

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(Samarendra Pratap Singh, J)

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Shashi.

Kameshwar Mistri v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kameshwar Mistri v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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