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1994 Supreme(Raj) 896

RAJASTHAN HIGH COURT
V.K.Singhal, J.
Hanuman Saini - Appellant
Versus
State and others - Respondent
S.B. Civil Writ Petition No. 1207 of 1994.
Decided On : 9-09-1994

For the Petitioner:Santander Singh, Advocate.
For the Respondents:Ms. Deepa Ajwani; Mr. I.R. Saini, Advocates.

The court has the authority to direct the constitution of a Medical Board to examine medical reports when necessary.

Headnote:

Medical Board - Injury Report - The court directed the constitution of a Medical Board to examine injury and x-ray reports to determine if the injuries were sufficient to cause death.

Fact of the Case:

The petitioner filed a writ petition to constitute a medical board in a specific case where injuries were allegedly caused with the intention to kill the injured persons.

Finding of the Court:

The court found that the medical officer did not consider whether the injuries were sufficient to cause death and directed the constitution of a Medical Board to examine the reports.

Issues: The issue was whether the injuries were sufficient to cause death, and if the medical officer had considered this aspect.

Ratio Decidendi: The court's decision was based on the failure of the medical officer to consider the sufficiency of the injuries to cause death, leading to the direction to constitute a Medical Board for examination.

Final Decision: The writ petition was disposed of with the direction to constitute a Medical Board for examination of the injury and x-ray reports.

JUDGMENT

1. - The present writ petition has been filed with a prayer to constitute a medical board in FIR No. 24/94 - P.S. Kotputli, District-Jaipur. The submission of the learned counsel for the petitioner is that the various injury report and the x-ray report which are available on record cumulatively show that the injuries are sufficient to cause the death. The medical officer has not examined this matter from this angle. In the F.I.R. it is mentioned that the injuries were caused with intention to kill the injured persons. The Medical Officer has not considered this aspect of the matter and has not given any opinion on the point as to whether the injuries were sufficient to cause the death. The arguments of the learned counsel for the petitioner as well as the learned PP have been heard. In view of the fact which has been stated by the learned counsel for the petitioner, it is directed that a Medical Board be constituted which may examine the injury report and the x-ray report and on the basis of those reports only the Board could give its observation as to whether the injuries caused were sufficient to cause the death or not. The report will be taken on record. This matter relates to Prahlad, Suresh, Hanuman and Smt. Kamla.

2. The writ petition stands disposed of in accordance with the direction given above.

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