AMAL NATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(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.