NARENDRA G GOEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted in both the Special Leave Petitions.

(2.) Challenge in these appeals is to the judgment of a Division Bench of the Bombay High Court. The appeal relating to Special Leave Petition (Crl.) No. 1880 of 2007 has been filed by Narender Goel who was not a party before the High Court while the Criminal Appeal relating to SLP (Crl.) No. 3206 of 2007 has been filed by Pawankumar Satyanarayan Goenka who was also not a party before the High Court. Dr. Sadankumar Goel, the petitioner in Criminal Writ Petition No. 1930 of 2006 is the husband of Dr. Asha Goel (hereinafter referred to as the deceased) who was found murdered. Said Dr. Sadankumar Goel filed the Criminal Writ Petition No. 1930 of 2006 with the prayer that respondents 1 to 7 in the Writ Petition should be directed to take appropriate steps under Section 166-A of the Code of Criminal Procedure, 1973 (in short the Code) in CPNA No. 6 of 2004 registered at DCB CID, Unit II Malabar Hill Police Station CR. No. 93 of 2003, insofar as the forensic investigation is concerned and to approach the Government of Canada for seeking assistance from appropriate agencies of the said Government to investigate the offences insofar as they relate to DNA testing of the articles recovered from the accused Pawankumar Satyanarayan Goenka the appellant in the appeal relatable to Special Leave (Crl.) No. 3206 of 2007 and Pradeep Parab during the investigation and of the materials recovered from the Santro car seized during investigation along with all other materials collected in the course of investigation relevant for the purpose of such forensic and medical examination to Canada as there is no such facility available in India.

(3.) Stand of Dr. Sadankumar was that for want of proper medical and forensic investigation, material evidence would be lost to the prosecutor and therefore at his request office of a Chief Coroner of the Province of Ontario has written a letter to Commissioner of Police, Crawford Market, Mumbai that they are ready to assist the investigating team in their desired area and the office of the Chief Coroner for Ontario has performed a second autopsy of the deceased at the familys request and they have preserved genetic material of the deceased which can be used to make a genetic comparison to any samples that the Investigating Agencies in India wish to have tested.