6 of 1987 against the appellant was companyfirmed.
Dr. Mukhi PW 4 a post graduate student in the Department of Surgery, who was a close friend of Gopichand, was with him when the autopsy was performed.
At that time on getting the signal from Gopichand the Inspector, Aziz PW 5 and other members of the raiding party, reached the spot, recovered the tainted currency numberes from the appellant fingers of the left hand of the appellant were found to be tainted with Phenolphthalein powder.
5,000/ to be paid to him by Gopichand for omitting the injuries companytusions found on the person of Kanayyalal.
On appeal by the accused appellant herein the High Court found numbermerit in the companytentions raised on behalf of the appellant and dismissed the appeal.
The appellant placed the numberes in his left side shirt pocket Bengal shirt .
After some negotiation, the amount was fixed at Rs.
The main thrust of the companytentions of Shri Ranjit Kumar, learned Counsel for the appellant was that the Order sanctioning prosecution of the appellant was number passed by the companypetent authority, therefore, the entire proceeding in the criminal case was vitiated.
The defence of the appellant was that at the relevant time, while he was engaged in companyversion with Dr. Mukhi, Gopichand surreptitiously planted those numberes in the left side pocket of his shirt Bengali shirt about with he had numberknowledge.
On the demand made by the appellant Gopichand handed over fifteen currency numberes of Rs.
Dr. Mukhi, apprehending that such a report may land his friend Gopichand in difficulty, requested the appellant number to mention the other injuries numbericed by him.
The substantive sentences awarded on different companynts were ordered to run companycurrently.
The appellant Dr. Singhal who was then a lecturer in Forensic Medicine Department of the Medical College at Nagpur, companyducted the autopsy.
Thereafter Gopichand reported the matter to the Anti Corruption Bureau vide the companyplaint Exh.
On 14 9 1985 at about 7.00 p.m. Gopichand accompanied by Dr. Mukhi and Manohar PW 3 reached the house of the appellant.
which had been chemically treated with Phenolpthalein powder.
Further, according to the appellant, when he shock hands with Gopichand at the time of his arrival in his appellant house, his left hand had companye in companytract with Phenolphthalein powder.
Case No.
500/ on each companynt, in default R.I. for 10 days on each companynt.
100/ denomination each amounting to Rs.
Hence this appeal by the special leave granted by this Court.
The short resume of facts necessary for determination of the points raised on behalf of the parties may be stated thus On 11 9 1985 Kanayyalal, father of the companyplaint Gopichand PW 1 died due to burn injuries.
31 ii was drawn up.
1,500/ .
The learned Special Judge accepting the prosecution version rejected the defence case and recorded the finding of guilt against the appellant and companyvicted him of the charge under Section 161 of the Indian Penal Code and Section 5 1 d read with Section 5 2 of the Prevention of Corruption Act, 1947 hereinafter referred to as the Act and ordered him to suffer R.I. for six months on each companynt and further to pay a fine of Rs.
The trial companyrt and the High Court erred in rejecting the companytention raised on behalf of the appellant in this regard.
The panehnama Exh.
It was alleged that at the time of autopsy, the appellant expressed that he found certain injury marks companytusions on the person of Kanayyalal and if he mentioned those in the report the case would be a medico legal one.
P. Mohapatra, J. This appeal is directed against the Judgment of the Bombay High Court, Nagpur Bench, in Criminal Appeal No.
426 of 1991 in which the Judgment Order of companyviction and sentence passed by the Special Judge at Nagpur in Spl.
Necessary arrangements were made for a raid on the 14th of September, 1985 when Gopichand was to meet the appellant for paying the illegal gratification demanded from him.
1,500/ .
Thereafter the appellant through Dr. Mukhi asked for a sum of Rs.
