( 1 ) THE next question is whether the accused must be deemed to have caused the death of Mahendra. Mahendra was admitted in the hospital on 5-3-60 at 9-50 P. M. he was operated some time after 10-30 P. M. the same night and he died at 7-20 P. M. on 11-3-60. According to Dr. Vaidya the cause of death was pulmonary embolism in left lung inflection and shock. In cross-examination the doctor has also deposed as follows :embolism will take place on account of obstruction in circulation of blood in artery. The obstruction may as well as be caused by a clot of blood getting released in arterial circulation as a result of the operation. He would see that the operation would be kept clean and that no clot remains but existence of blood clot in the surrounding area cannot be remedied. No clot remained in the present case. Embolism may take place as a result of fat also. But generally this will not result on account of operation. Generally post operative embolism is the result of blood clot and not fat clot. From this I can say that in the present case embolism was not due to fat clot. Upon a minute microscopic examination it is possible to detect whether embolism found in post