GAYATHRI DEVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed against taking cognizance of the offences in CC No. 66 of 1995 on the file of the Additional Judicial Magistrate of First Class, Razole on the complaint filed by the Ist Additional District & Sessions Judge, East Godavari at Rajahmundry under Section 195(1)(b)(i), Cr.P.C. for the offences under sections 193, 196, 197 and 218 of I.P.C.

(2.) The facts giving rise to the filing of the appeal are, briefly, as follows :-

(3.) The Inspector of Police, Razole filed chargesheet against Gollamandala Pedda Dharmarao and Gollamandla Anandarao in Crime No. 51/1993 for the offences under sections 302 and 201, I.P.C. of Malikipuram Police Station alleging that A-2 is the son of A-1 and the deceased Moka Kanakanjeneyulu are the residents of Gadepalli village. It was alleged that A-1 and A-2 were responsible for the death of the deceased, Anjaneyulu on 16-6-1993. On receipt of information about the death of the deceased, Kanakanjaneyulu, the police registered a case, took up investigation and after completion of formalities viz., preparation of inquest, etc., the dead body was sent to the Government Hospital, Razole for autopsy. The petitioner herein, Dr. Gayathri Devi, conducted autopsy over the dead body of the deceased and could not give opinion as to the cause of death. The matter was taken to the notice of the Professor. Forensic Medicine, Rangaraya Medical College, Kakinada and on perusal of the post-mortem report issued by the petitioner herein, the said Professor Dr. M. Naga Rajarao advised for exhumation and re-post-mortem of the dead body of the deceased. Then the Mandal Revenue Officer, by name G. Ramachandra Rao exhumed the dead body in the presence of mediators and Assistant Professor, Forensic Medicine, Rangaraya Medical College, Kakinada, Dr. T. Rama Rao, conducted re-post-mortem examination and opined that the deceased died due to head injury. Then on the basis of the re-post-mortem examination report, the section of law was altered from Section 174, Cr.P.C. to Section 302, I.P.C., investigated the case and filed charge-sheet against accused 1 and 2.