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1976 Supreme(Guj) 46

D.A.DESAI, N.H.BHATT
KALU RAGHAV – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.K.Shah, G.T.NANAVATI, S.S.SHEVADE

D. A. DESAI, N. H. BHATT, J.

( 1 ) IT is indeed astonishing and even shocking that important medical evidence also is taken in a light manner like this in sessions cases where the Court is required to decide the nature of the injuries and the cause of death. In the case on hand the Court had to decide whether injuries on the persons of Girvatsinh and Pradhyumansinh were sufficient in the ordinary course of nature to cause death or they were likely to cause death. It is true that under sec. 294 of the Criminal Procedure Code 1973 a provision has been inserted for the avoidance of unnecessary delay that where any document is filed before any Court by the prosecution or the accused the contents thereof may be admitted by the other side and if such documents are admitted genuineness of such documents thereafter cannot be called in question. However the Legislature while enacting this provision must not have thought that this salutary provision would be abused in actual practice and the persons in-charge of the prosecution or the defence would make it the handle of their inaction or indifference. Sec. 296 of the Code in this connection deserves to be read and it shows that the evidence o




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