A.N.RAY, J.

(1) THIS is an appeal by cetificate from the judgement, dared October 8 and 9, 1969, of the High court at Bombay convicting the appellant under Sectioni 161 and 385 of the Indian penal Code. The High court confirmed the substantive sentence to simple imprisomment for six months under Section. 161 of the Indian Penal Code and simple imprisonment for three months under S. 385 of the Indian Penal Code. In addition, the high court imposed on the appellant a fine of Rs. 10,000.00 and in default of payment of fine, further simple imprisoment for six months.

(2) THE appeliant was at the curcial time the coroner of bombay The prosecution case was as follows Jagdish prasad Ramnarayan Khandwal was admited to the nursing home of a Gynaecologist Dr. Adatia on 3/05/1964 Dr. Adatia diagnosed the caes as acute appendicitis. Dr. Aditya kept the patient under the observation. After 24 hires the condition of the patient became serious. Dr. Shantilal J. Mehta was called his diagnosis was acute appendiate operation . Dr. Aditya performed the operation . The appendix, according to Dr. Aditya had become gangrenous. The patient developed paralysis to the ileum he