Code of Criminal Procedure, 1973–Sec. 173–Opinion of investigation Officer–Scope for challenging–Merely because someone exercises discretion in favour of one of the two options, it cannot become a ground for interfering in the investigation–Discretion exercised by the Investigation Officer to climb down from Sec. 308 to Sec. 323 cannot be said to be unlawful because if the second medical report is ignored, the first medical report reveals that the injury on the head was of simple nature.
