Crl.Rev.No. 90 of 2011 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Rev.No. 90 of 2011 Date of decision: 8.8.2011 Parminder Singh and another ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.M.S.Rakkar, Sr. Advocate with Mr.P.S.Baath, Advocate, for the petitioner. Mr.G.S.Brar, AAG, Punjab. **** SABINA, J. Petitioners have filed this petition under Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) challenging the order dated 20.11.2010 passed by the Additional Sessions Judge, whereby charge was ordered to be framed against them under Section 304-B of the Indian Penal Code, 1860 (IPC for short) also. Petitioner No.1 was married to Gurvinder Kaur on 25.11.2007. The case of the complainant was that he had given Crl.Rev.No. 90 of 2011 2 sufficient dowry articles at the time of the marriage of his daughter. However, the petitioners and sisters of petitioner No.1 started harassing Gurvinder Kaur on account of insufficient dowry and demanded a washing machine and motorcycle. On 1.7.2008, complainant received a message that Gurvinder Kaur had fallen ill and had later died. Learned senior counsel for the petitioners has submitted that as per the medical opinion, the cause of death of deceased Gurvinder Kaur was neurogenic shock. As per the postmortem report, there were no external mark of injury on the person of the deceased. Hence, the deceased Gurvinder Kaur had died a natural death and no offence under Section 304-B IPC was made out. Learned State counsel, on the other hand, has submitted that the deceased had died within one year of her marriage in abnormal circumstances. Hence, the charge was liable to be framed against the petitioners under Section 304-B IPC. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed. During the course of arguments, learned senior counsel for the petitioners has placed reliance on the information down loaded by him from the internet qua neurogenic shock. The same reads as under:- “Neurogenic shock is a type of shock caused by the sudden loss of the autonomic nervous system signals to the smooth muscle in vessel walls. This results in loss of background sympathetic stimulation, which is responsible for maintenance of tone of blood vessels. As a result of Crl.Rev.No. 90 of 2011 3 loss of vascular tone, the vessels suddenly relax resulting in a sudden decrease in peripheral vascular resistance and decreased blood pressure. Causes Failure of the autonomic nervous system can arise from * Regional anesthetics * Injuries to the spinal cord (cervical spine and upper thoracic spine) * Administration of autonomic blocking agents. Pathophysiology The cardiac output decreases because the venule and small veins lose tone. Blood pools in the periphery and blood pressure falls. In the normal situation, a reflex increase in heart rate will occur to compensate for the peripheral pooling of blood. However, in neurogenic shock, the sympathetic pathways to the heart are blocked or damaged by trauma, resulting in a bradycardia.” Thus, as per the above, in a case of neurogenic shock, there is sudden loss of autonomic nervous system signals to the smooth muscle in vessel walls. Although in the postmortem report, it has been mentioned that there was no external mark of injury, Meninges and brain were found to be congested. It also appears that the ligaments qua cervical area were ruptured. The possibility that the deceased had suffered neurogenic shock due to injury suffered by her due to which the meninges and brain were found to Crl.Rev.No. 90 of 2011 4 be congested cannot be ruled out. There may not have been an external mark of injury. At this stage, it cannot be concluded that the deceased had died a normal death. Hence, it would not be just and expedient to quash the impugned order, whereby the charge was ordered to be framed under Section 304-B IPC against the petitioners. Accordingly, this petition is dismissed. (SABINA) JUDGE August 08 , 2011 anita