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1996 Supreme(SC) 1420

M.K.MUKHERJEE, S.P.KURDUKAR
Dilip Kumar Deka – Appellant
Versus
State Of Assam – Respondent


ORDER

Leave granted. Heard the learned counsel for the parties.

2. This appeal is for expunging certain remarks made by a learned Judge of the Guwahati High Court against the two appellants herein, namely, Dr. Dilip Kumar Deka and Dr. P.K. Baruah, who are attached to Mahendra Mohan Choudhary Hospital, Guwahati ( MMCH for short), while disposing of a criminal revision petition filed by an accused in a murder case. Facts and circumstances leading to the remarks are as under.

3. Over the murders of Mrs. Karabi Das and her niece Ms. Chandra Rani Dharitri Das a case under Section 302 IPC was registered by Latasil Police Station on August 1, 1995. In connection with that case Smt. Geeta Kalita and her husband Shri Bhagya Kalita were arrested on August 2, 1995; and on their production before the Chief Judicial Magistrate, Guwahati on the following day, (August 3, 1995) they were remanded to the police custody for seven days on the prayer of the Investigating Officer. While in police custody Smt. Kalita complained of severe abdominal pain in the night of August 8, 1995 and, therefore the police took her to MMCH. There she was first treated by Dr. K.S. Dowerah and, under his advice, was admit



































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