1973 CriLJ228 , 1972 INSC 234 , 1973 MhLJ92 , 1973 MPLJ224 (SC), (1973 )1 SCC471 , (1973 ) SCC(Cri)399 , [1973 ]2 SCR417 , ,MANU/SC/0204/1972
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MANU/SC/0204/1972
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 229 of 1969
Decided On: 22.09.1972
Appellants: R.M. Malkani Vs. Respondent: State of Maharashtra
Hon'ble Judges/Coram:
A.N. Ray and I.D. Dua JUDGMENT
A.N. Ray, J.
1. This is an appeal by certificate from the judgment dated 8 and 9 October, 1969 of the High Court at Bombay convicting the appellant Under Sections 161 and 385 of he Indian Penal Code. The High Court confirmed the substantive sentence to simple imprisonment for six months Under Section 161 of the Indian Penal Code and simple imprisonment for three months Under Section 385 of the Indian Penal Code. In addition, the High Court imposed on the appellant a fine of Rs. 10,000 and in default of payment of fine, further simple imprisonment for six months.
2. The appellant was at the crucial time the Coroner of Bombay. The prosecution case was as follows. Jagdishprasad Ramnarayan Khandelwal was admitted to the nursing home of a Gynaecologist Dr. Adatia on 3 May, 1964. Dr. Adatia, diagnosed the case as acute appendicitis. Dr. Adatia kept the patient under observation. After 24 hours the condition of the patient became serious. Dr. Shantilal J. Mehta was called. His diagnosis was acute appendicitis with "generalised peritonitis" and he advised immediate operation. Dr. Adatia performed the operation. The appendix, according to Dr. Adatia had become gangrenous. The patient developed paralysis of the ileum. He was removed to Bombay Hospital on 10 May. 1964 to be under the treatment of Dr. Motwani. The patient died on 13 May, 1964. The Hospital issued a Death Intimation Card as "paralytic ileus and peritonitis following an operation for acute appendicitis".
3. The appellant allowed the disposal of the dead body without ordering post-mortem. There was however a request for an inquest from the Police Station. The cause for the inquest was that his was a case of post operation death in a hospital. The Coroner's Court registered the inquest on 13 May. 1964. The dates for inquest were in the months of June, July, September and October, 1964. The appellant was on leave for some time in the months of June and July. 1964. This is said to delay the inquest.
4. It was the practice of the Coroner's Court to send letters to professional people concerned in inquest to get the explanation of the D........