A sessions court in Mumbai has rejected the discharge plea filed by two brothers accused of assaulting doctors at Sion Hospital following the death of their father in 2021, observing that there is sufficient material on record to frame charges against them.
Court Finds Sufficient Evidence to Proceed
The discharge plea of Roshan Gupta and Rajesh Gupta was rejected by Additional Sessions Judge S. B. Dige on Thursday. The court noted that the available material in the case was adequate to proceed with the framing of charges against the accused.
Referring to Section 227 of the Criminal Procedure Code (CrPC), the judge stated that discharge can only be granted when there is no sufficient ground to proceed with the case.
“On perusal of record… available material is sufficient to proceed against the accused for framing of charges,” the court observed while dismissing the plea.
Case Linked to 2021 Incident at Sion Hospital
The case stems from an FIR lodged on June 26, 2021, based on a complaint filed by a medical officer at a hospital in Mumbai’s Sion area.
According to the prosecution, the father of the accused brothers had been admitted to the hospital’s emergency ward for treatment. However, he died while undergoing treatment.
Following the death, the two brothers allegedly confronted the medical staff and assaulted a doctor on duty. The prosecution claimed that they slapped the doctor and tore his shirt during the altercation.
Second Doctor Allegedly Pushed During Altercation
The prosecution further alleged that when another doctor attempted to intervene and calm the situation, she was pushed by the accused.
The police, represented by Additional Public Prosecutor Pankaj Chavhan, opposed the discharge plea and argued that there was adequate evidence indicating that the accused used criminal force against public servants to prevent them from performing their duties.
Defence Claims Lack of Motive
Defence counsel Taufik Ansari argued before the court that the brothers had come to the hospital solely for the treatment of their father and had no motive to commit a crime.
He also contended that the alleged misconduct of the accused could not be corroborated by the statements of eyewitnesses and therefore they should be discharged from the case.
Charges to Be Framed in Next Hearing
After considering the arguments, the court rejected the discharge application and directed that charges against the accused brothers be framed during the next hearing.
Discharge is a legal remedy available at a pre-trial stage after a chargesheet has been filed but before the court frames charges. An accused can be discharged if the court finds that the evidence presented is insufficient to establish the alleged offence.
