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2000 Supreme(SC) 1604

D.P.MOHAPATRA, R.P.SETHI
Shivendra Kumar – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

D.P. Mohapatra, J.-This appeal is directed against the judgment of the Bombay High Court, Nagpur Bench, in Criminal Appeal No. 426 of 1991 in which the Judgment/Order of conviction and sentence passed by the Special Judge at Nagpur in Spl. Case No. 6 of 1987 against the appellant was confirmed.

2. The short resume of facts necessary for determination of the points raised on behalf of the parties may be stated thus :

On 11.9.1985 Kanayyalal, father of the complainant Gopichand (PW 1) died due to burn injuries. The appellant Dr. Singhal who was then a lecturer in Forensic Medicine Department of the Medical College at Nagpur, conducted the autopsy. Dr. Mukhi (PW 4) a post-graduate student in the Department of Surgery, who was a close friend of Gopichand, was with him when the autopsy was performed. It was alleged that at the time of autopsy, the appellant expressed that he found certain injury marks (contusions) on the person of Kanayyalal and if he mentioned those in the report the case would be a medico legal one. Dr. Mukhi, apprehending that such a report may land his friend Gopichand in difficulty, requested the appellant not to mention the other injuries noticed by him. The




















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