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2010 Supreme(SC) 243

ALTAMAS KABIR, CYRIAC JOSEPH
Rameshbhai Pandurao Hedau – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants : Chaitanya Joshi, Nachiketa Joshi, Sudhakar Joshi, Ranjith K.C. Advs., for the Appellants.
For the Respondents:Ms. Meenakshi Lekhi, Ms. Hemantika Wahi, Somnath Padan, Ms. Jesal Advs., for the Respondents.

JUDGMENT

Altamas Kabir, J. —

1.Leave granted.

2.The Appellant is the elder brother of the deceased, Kamleshbhai, whose dead body was found near Govindbhai Ghat on Sarkhej Narol Highway on 17th October, 2006. At the time of his death, Kamleshbhai was serving with M/s Airstate International Courier and his usual working time was from 1.00 p.m. to 7.00 p.m. On 17th October, 2006, on receipt of information, the Appellant went to the above-mentioned spot and found the dead body of his brother. On 17th October, 2006 itself, post- mortem was conducted by the Medical Officer of the Civil Hospital, Ahmedabad. After the post-mortem examination was conducted, the opinion of the doctor as to the cause of death was kept pending till the reports from the FSL and HTP were made available. On 21st December, 2006, upon receipt of the said reports, the Medical Officer was of the opinion that the cause of death of the deceased was on account of cardio-respiratory arrest due to lungs pathology. In other words, Kamleshbhai’s death was not found to be unnatural but as a result of natural causes. The Investigating Officer had also occasion to record the statements of the Appellant, his relatives and others.





















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