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1966 Supreme(Guj) 92

Gujarat High Court
V. B. RAJU
Govind - Appellant
Versus
State of Gujarat - Respondent
Criminal Appeal No. 370 of 1965
Decided On : 09/02/1966

Advocates:
H.K. Thakore, for Appellant; B.M. sompura, Asst. Govt. Pleader, for the State.

Headnote:

Medical Officer – Injuries – Deposed – Evidence - Medical Officer did not describe twenty-four injuries which he deposed he found on person of deceased but he merely stated that he had stated description of injuries in postmortem report – Held, It is necessary for doctor to describe all injuries in his evidence - Conviction and sentence are therefore set aside and matter is ordered to be re-tried – Order accordingly

JUDGMENT: The Medical Officer did not describe the twenty-four injuries, which he deposed, he found on the person of the deceased, but he merely stated that he had stated the description of the injuries in the postmortem report. The post-mortem report is not evidence, even if it be used to corroborate the evidence of the medical officer. Before it can be used to corroborate, there must be evidence in the evidence of a witness, which can be corroborated. In all such cases, it is necessary for the doctor to describe all the injuries in his evidence. The conviction and sentence are, therefore, set aside and the matter is ordered to be re-tried.
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