1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO. 309 OF 2009 RAJARAM ANANDA DUDHANE .. PETITIONER Vs. STATE OF MAHARASHTRA & ORS. .. RESPONDENT Ms. Mallika A. Ingale for the petitioner Mr. V. B. Konde Deshmukh, APP CORAM: SMT. RANJANA DESAI & R. G. KETKAR, JJ. DATED : 13/7/2009 P.C. The petitioner's son Jeevan was found dead in a car which was parked outside his friend’s house on 2/11/08. He was shifted to Karuna Hospital and from there he was shifted to Bhagwati Hospital. The police registered A.D.R. The postmortem of the deceased was conducted. The cause of death was stated in the postmortem as “due to consumption of alcohal with fatty liver (un-natural)”. 2. According to the petitioner, the death of Jeevan is not accidental. It is his case that the police ought to have registered the offence under Section 2 302, 201 read with Section 120(b) of the I.P.C. against Kartik Gavkar, Manoj Agarwal, Hiten Mohta, Deven Mehta and others who are involved in the murder of his son. In support of his submission that the postmortem notes did not correctly identify the cause of death, affidavit of Dr. Rajendra Shivaji Bangal came to be filed. Dr. Bangal in his affidavit has after quoting several extracts from books on Medical Jurisprudence concluded that the cause of death shown in the postmortem note is not only erroneous but also unscientific. Obviously Dr. Bangal is of the view that the death is not accidental. 3. On 23/6/09 we requested Dr. Patil, Head Surgeon of Nagpada Police Hospital to remain present in our court. Accordingly Dr. Patil remained present in our court. Dr. Patil went through the affidavit of Dr. Bangal and made a statement that he would examine the case with the assistance of Dr. G. S. Chavan, who is Associate Professor at Grant Medical College, Mazgaon, Mumbai, and, therefore, we directed Dr. Patil to submit his report to this court and adjourned the matter. 4. Accordingly Dr. Patil and Dr. Chavan have examined the case again and have submited a report to this court. The report is dated 9/7/09. It is taken on record and marked “X”. Clauses xi and xii of the said report are material. They read as under: 3 “xi) Mode of death: Asphyxial death As per inquest there is presence of urination & defecation on the body & as per P.M. Report & photographs cyanosis of finger nails is seen and as per P.M. Report there are petechial haemorhages over Left ventricle of heart. All these findings are suggestive of Asphyxial death. xii) Cause of death: This Asphyxial death could have caused due to :- 1) Aspiration of vomitus leading to choking & asphyxia in a person under influence of alcohol. (CAFE CORONARY SYNDROME). OR 2) The injuries over lips & left side of neck in a person under influence of alcohol need to be investigated for their causation. And if the person who was under influence of alcohol from 1 a.m. to 3.30 a.m. continuously would have been provided medical treat, his life would have been saved.” 5. Thus we have on record today two different causes of death. The 4 police have in their possession two opinions. We, therefore, expect the police to consider both these opinions and take action in accordance with law. We make it clear that on the merits of the case, we have not expressed any opinion. 6. We are informed that the investigation of this case is transferred from PI Sudhir Shivram Dalvi to PI Dattatray Jadhav on 17/6/09. We hope and trust that expeditious and impartial investigation is carried out by PI Jadhav. Let this investigation be supervised by the Deputy Commissioner of Police, Zone-IX. 7. Petition is disposed of. (Smt. Ranjana Desai, J.) (R. G. Ketkar, J.)