JUDGEMENT
JOYMALYA BAGCHI, J. -
(1.) The revision petition has been filed praying for quashing
of proceeding in Hura P.S. Case No. 71 of 2010 dated November 2, 2010
under Section 197/201 of the Indian Penal Code sofar as it relates to
this petition.
(2.) It appears that the aforesaid case was initially started under Section 302/364/201/120B/34 of the Indian Penal Code with
regard to the murder of one Sudhakar Mudi whose dead body was found
lying in a dry well with various injuries on his person. In course of
inquiry the petitioner as the autopsy doctor opined in the post
mortem that the death of the victim was accidental in nature.
Subsequent thereto the criminal case was registered against the
accused person as well as the petitioner for murder, disappearance of
evidence and other offences. Initially investigation resulted in
filing of a final report against the petitioner. However, on further
investigation supplementary charge -sheet was submitted under Section
197/201 of Indian Penal Code and cognizance was taken thereon. Petition is before this Court challenging such proceeding initiated
against him.
(3.) Mr. De, appearing on behalf of the petitioner submitted that the materials collected in the course of investigation do not
unequivocally point out that the petitioner had played a role in
screening the offender by giving opinion as to accidental death. He
further submitted that the expert report which was obtained from the
Medical Board does not give a definite opinion as to the cause of
death. He also submitted that there is nothing to show that the
petitioner had been persuaded by the other accused persons to give
such opinion.;
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