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1959 Supreme(Bom) 33

D.V.PATEL, S.M.SHAH
Loku Basappa Pujari and Anr. – Appellant
Versus
State – Respondent


JUDGMENT - (1) (In an appeal against conviction and sentence in a murder trial after stating facts and discussing evidence and holding that the evidence did not justify conviction His Lordship proceeded.)

Before parting with the case we think it necessary to deal with certain matters of practice which call for observations. we fid that the notes of the post-mortem examination of the dead body of Narayan have not been taken on the record, though the medical officer who performed the post-mortem examination was examination was examined as a witness. We have noticed in appeals coming from orders passed by the Sessions Court for Greater Bombay that in very rare cases the notes of the post-mortem examination on the dead bodies of the victims are tendered and admitted in evidence, whereas in appeals from the Sessions Divisions in the mofussil, the notes of post-mortem examination, whenever a post-mortem has been held on a ded body, are invariably tendered and admitted in evidence. That thesenotes consitute valuable material for checking up the correctness of the medical and other evidence is undisputed. It is somewhat surprising that on an important matter of practice there should be abse










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