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20. As noticed above, during the morning hours of 16-7-83 Dr. Dalai a Medical Practitioner was summoned to the house of the appellant-accused Dr. Dalai who has been examined as P.W. No. 11 at Ex. 29 has stated that on 16-7-83 at 6-00 to 6-10 a.m. one person had approached him at his house and had informed him that one lady had fallen down in the bathroom while brushing the teeth and she is unconscious and therefore, his services are immediately required. The say of Dalai further is that he had advised the abovesaid person to call the family physician but he was told that the family physician has not come even though summoned on telephone and therefore, he had gone to the house situated at Dhobi's Pole and had seen that one lady was made to lie down on the floor on a matress. The say of Dr. Dalai is that when he had reached there he had seen that one another Medical Practitioner Dr. Modi was also present and he was giving cardiac massage to the deceased. Dr. Dalai has stated that he was informed that the lady had fallen down in the bathroom but he had not seen any such external injuries and he was also of the opinion that there was no sign of the recent brushing of the teeth. His say is that therefore, he was of the opinion that the real reason of the cause of death was not forthcoming and therefore, he had advised be carried out the post-mortem examination. The say of Dr. Dalai is that meanwhile Dr. Mallimath had also come there and the three of them had a conference in the nearby house and ultimately it was resolved that the post-mortem examination should be advised and therefore a note for the post-mortem examination was given to the father of the appellant-accused. It is also his say that he had inquired from the mother of the appellant-accused who figured as the original accused No. 3 before the trial Court as to whether in past on any occasion the deceased had fallen down in the same fashion but he was informed that no such incident had taken place in the past.

21. During the cross-examination Dr. Dalai has stated that when he had gone to the house of the patient Dr. Modi was busy giving cardiac massage. He had also further stated that ordinarily the cardiac massage would be given when the Doctor would be under the impression or the belief that the patient is still alive. Any how, he has stated that the patient was pronounced to be dead by Dr. Modi and therefore, he himself had examined the patient and had come to the conclusion that the patient namely the deceased Pravinaben is already dead.

22. The next evidence in the same line is of Dr. Kirit Modi P.W. No. 12 at Ex. 32. He has stated that one person had approached him at his house between 6-00 to 6-30 a.m. on 16-7-83 and had requested him for a visit and had informed him that one lady had fallen down and had lost consciousness when she was brushing the teeth in the bathroom. His say further is that he had accompanied the abovesaid person and had gone to the house situated at Dhobi's Pole. The name of the patient according to Dr. Modi was Pravinaben. He had examined her and noticed that she was already dead. Any how his say is that thereafter he had given cardia massage to the deceased but no response was noticed by him. The say of Dr. Modi is that meanwhile Dr. Dalai had reached there and he had requested him to examine the patient. Dr. Dalai had also examined the patient and he had expressed the same opinion namely that the deceased had already expired. The say of Dr. Modi is that meanwhile Dr. Hallinath had reached there. After a conference they had come to the conclusion that the death of the deceased was not natural and therefore, the dead body should be forwarded for the post-mortem examination and accordingly a note was given by Dr. Dalai.

23. Dr. Modi has stated that when the cardiac massage was given to the deceased, her garments were not removed. He has expressed the opinion that by giving the cardiac massage in the said fashion, there would not be any external injuries on the person of the deceased. It is also his say during the cross-examination that he had given the cardiac message for about 5 minutes in the hope of reviving the heart. Any how, he has stated that there was no response to the cardiac massage.

24. Mr. Shethna, the learned Advocate who appears on behalf of the appellant-accused has urged that immediately after his arrival Dr. Kirit Modi had preferred to give cardiac massage to the deceased because according to him the deceased must have died only before some time of his arrival in the house. Mr. Shethna has also in alternative contended that Mr. Modi must be under the impression that the deceased was alive at. that time. Mr. Shethna has further pointed out that the evidence of Dr. Deshmukh P.W. No. 13 at Ex. 34 is to the effect that deceased must have died before about 12 to 24 hours of the post-mortem examination. The postmortem examination was commenced at 11-15 a.m. on the next day. It would therefore, mean that the deceased must have died at least before about 12 hours. Basing his argument upon this evidence Mr. Shethna has contended that if the deceased had died at least before about 12 hours according to the expert opinion Dr. Dalai and Dr. Modi would not have thought it proper to give cardiac massage. The learned Trial Judge was also conscious of this position. With a view to explain this position, the learned trial Judge has observed that possibly Dr. Dalai and Dr. Modi must have become panicky after saying the unnatural death of the deceased. We are not prepared to accept the abovesaid explanation tendered by the learned trial Judge. We do not feel that either Dr. Dalai or Dr. Modi had become panicky and that they would have started to give cardiac massage without properly understanding the situation. We feel that Dr. Dalai and Dr. Modi were called during the early morning hours. The information given to both the Doctors was to the effect that the deceased had fallen down in the bathroom while brushing her teeth. Naturally placing reliance upon the abovesaid information supplied to them they must have thought it fit to try their level best to see that the deceased who had died in the recent past may respond to the cardiac massage. Therefore, merely because Dr. Modi and Dr. Dalai had preferred to give cardiac massage we are not inclined to accept that the deceased had died only some minutes before Dr. Dalai and Dr. Modi were summoned to the house where the appellant-accused used to reside in the company of the deceased.