BHAGHWANJIBHAI KHODIDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application has been filed by the original complainant praying for cancellation of bail granted to accused No.1 by the learned Additional Sessions Judge, Morbi by an order dated 3rd April, 2007 passed in Criminal Misc. Application No. 36/2007.

(2.) THE applicant herein had lodged a complaint bearing C.R.No.I -237/2006 dated 29.11.2006 filed before Morbi City Police Station in which the complainant alleged that;

(3.) ON the basis of the said complaint the police carried out an investigation. The postmortem report initially stated that the cause of death can be ascertained only after receiving final opinion of chemical analysis of viscera. It was further stated that " at present probable cause of death is due to suspected poisoning." After this postmortem report, the investigating agency received the final report from the laboratory dated 4th January, 2007, in which the chemical analysis of Viscera indicated presence of basic chemical namely 'Chloroquine'. On the basis of this report from F.S.L., the medical officer submitted his final report on cause of death on 15.1.2007 and opined that "the death was due to Cardio -respiratory failure due to Chloroquine poisoning."