Judicial pronouncements must be judicial in nature and should not normally depart from sobriety, moderation, and reserve. Doctors should be given an opportunity to explain any alleged inconsistencies in their medical reports before adverse remarks are made against them.

( 1 ) THESE two petitions u/sec. 482 Cr. P. C. have been filed by the two doctors for expunging the remarks made against them by the I Addi. Sessions Judge, Faizabad in his judgment while deciding the Sessions Trial No. 423/88 State v. Yadunath and Others.

( 2 ) ACCUSED Yadunath and others were prosecuted in a case under Sections 302, 323,148,147 IPC by the police of P. S. Ibrahimpur, District Faizabad. It is said that Dr. Kamaluddin Ahmad examined the injuries of Ram Adhar injured on 27/10/1986 and prepared an injury report. The said Ram Adhar died and, therefore, autopsy was conducted by Dr. Indra Dec Mall on 2/11/1986. Dr. Kamaluddin Ahmad was summoned as court witness, whereas Dr. Indra Deo Mall was examined as PW 6. The learned I Addi. Sessions Judge, Faizabad after recording the evidence on the record came to the conclusion that the prosecution has failed to prove the guilt of the appellants beyond reasonable doubt and, therefore, he acquitted the accused-persons. While acquitting the accused persons, the learned trial Judge disbelieved the eye witnesses and recorded a finding that it is clear that deceased Ram Adhar received injuries either due to some accident or he received injuries somewhere else. He specifically recorded finding that he did not die due to injuries caused in the incident. He further disbelieved the case of the prosecution regarding demolition of the cattle-shed as well as the FIR: However, while acquitting the accused persons the learned trial Judge made some remarks against these two doctors who examined Ram Adhar (deceased) during his life time as well as after death. Dr. Kamaluddin Ahmad examined the injuries of Ram Adhar on 27/10/1986, whereas, the incident took place on 24/10/1986 at about 4 p. m. The Addi. Sessions Judge pointed out that in the post mortem report, it is mentioned that 8th, 9th and 10th ribs of deceased Ram Adhar were broken and lungs were tom but surprisingly, these injuries were not mentioned by Dr. Kamaluddin Ahmad in the injury report. Secondly, it is pointed out that there was enough swelling on chest and neck of the deceased but the same did not even mentioned by the Dr. Kamaluddin Ahmad. The petitioner filed a copy of the injury report as Annexure No. 3 which shows the following injuries:1. Septicized wound 1. 5 cm x 2 cm x 2 cm left side of head-3cm above the left ear. Swelling on both eyes and face. 2. Fracture deformity of the right lower 1/3rd portion of the fore arm. Tenderness present. Ket U. O. Adv. X-ray (Annexure No. 3 ). 3. Contusion Blue-Black in colour 30 cm x 24 cm. on the back, surgical emphysoma present. Kept U. P. Advised X-ray. 4. Scabbed septic abrasion 2 cm x 2 cm on the left knee. 5. Contused swelling 8 cm x 6 cm on the back of the left hand. Kept under observation. X-ray advised. Out of these five injuries mentioned in the injury report, injury No. 3 is contusion 30 cm. x 24 cm. on the back, surgical emphysoma present. The doctor has also mentioned the presence of surgical emphysoma and he kept the injury under observation and advised X-ray. It is alleged that no X-ray has been done as advised by Dr. Kamaluddin Ahmad. The petitioners Counsel contended that the injury No. 3 Clearly shows that the deceased had very big contusion and the doctor has also mentioned that there is a surgical emphysoma present. The emphysoma has been defined in the Stedmans Medical Dictionary as inflation of Stomach etc. (1) the presence of air in the inerstices of the connective tissue of a part. (2) increase in the size of air spaces distal to the terminal bronchioles either from dilation or from destruction of their wall. Surgical is defined in the said dictionary as subcutaneous, following operation or injury. This means that surgical emphysoma could be by the result of operation or due to some injuries. Dr. Kamaluddin Ahmad has already advised X-ray of this injury and after X-ray it could be ascertained as to whether the ribs have been broken or not. It