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MLC of deceased Vasudev shows that he was brought to Vikas Kumar Vs. State SGM hospital in dead condition at 10.50 a.m. on 02.06.03 itself with history of seven episodes of vomiting with ghabrahat having already taken treatment from outside.

FIR was registered and body of deceased Vasudev was sent to post mortem. At the request of complainant post mortem was conducted by a Medical Board which observed that the cause of death shall be opined on receipt of chemical analysis of viscera report and the thin pieces from infection test site. It was also stated that "the post mortem findings are consistent with asphyxia, as a result of allergic reaction which could be possible from the injection given as alleged and hence the question of medical negligence, at this stage cannot be ruled out". However, after receipt of viscera report same medical board after perusal of chemical analysis report of viscera and thin pieces opined that "chemical analysis of the viscera and thin pieces gave negative results for common poison as well as for the presences of the drugs, and the ampule sent by Addl.DCP gave positive presence of declofenac. In view of the above facts, we are of Vikas Kumar Vs. State the opinion that the cause of death being viral infection (a natural disease process), cannot be rule out. In view of the above facts, medical negligence is ruled out". Thus, the medicine injected by accused Vikas to deceased Vasudev was found to be declofenac, which is a common pain reliever.