The integrity of medical evidence is crucial in establishing the validity of allegations in criminal cases.

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

4 04-12-2025 Heard learned counsel for the appellant Ms. Shashi Priya, learned Special P.P. Mr. Binay Krishna and the learned counsel appearing on behalf of the informant.

2. The case was taken up on 27.11.2025. From perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that her grandson was murdered by the accused-appellant, further on 08.08.2024, the appellant along with 6-7 accused persons came and started abusing and causing firearm injury to Sanjeet on his thigh.

3. Learned counsel appearing on behalf of the appellant submits that though in the FIR it is alleged that appellant fired causing firearm injury to Sanjeev but from the injury report, it would manifest that the same records that the injury is simple in nature caused by hard and blunt substance as such the allegation of firing stands belied.

4. The learned counsel appearing on behalf of the informant submits that the initial injury which was treated in the Community Health Centre, Bakhtiyarpur recorded abrasion like superficial skin and sub-cuteness layer involved on left thigh region from gun bullet. The learned counsel for the informant thus submits that when the informant in the FIR alleges that Sanjeev was shot by firearm, the initial injury report records that the injury caused was gun bullet then how the injury report annexed with the appeal records injury caused by hard and blunt substance.

5. After hearing the learned counsel for the parties on

27.11.2025, the Court had directed the S.H.O. and the I.O. of the case to remain physically present before the Court.

6. The S.H.O. and the I.O., in compliance of the order dated 27.11.2025, are present in the Court.

7. Learned Spl. P.P., Mr. Binay Krishna based on instruction submits that the injury report was issued by the Community Health Centre. Bakhtiyarpur and the same recorded that the injury has been caused by hard and blunt substance and opined to be simple in nature.

8. On query from the I.O. that as to whether after the occurrence he had seen the injured on which he affirmatively stated that he saw the injured and the FSL team was also present at the place of occurrence and it was found that the injury caused to the injured was by firearm. It is also submitted that the trouser which the injured was wearing had two holes caused by firearm as such the Court made another query that when he himself saw that the injured suffered firearm injury then on what basis the injury report is recording that the injury has been caused by hard and blunt substance, on which the I.O. submits that the opinion with regard to the injury has been recorded by the doctor.

9. At this stage, the learned counsel appearing on behalf of the informant submits that from perusal of the injury report, it would manifest that the same does not bear the seal of the Community Health Centre, Bakhtiyarpur nor the name of the doctor is clear that who had issued the said report.

10. On query from the I.O. and the S.H.O. that what is the name of the doctor who issued the said medical report, they in one voice submits that they are not aware. From perusal of the injury report as annexed with the appeal and the one brought by the I.O. and the S.H.O. are the same but then the injury report does not have seal nor the name of the doctor is clear, it gives an impression to the Court that Police is trying to botch up the investigation with a view to help the appellant.

11. At this stage, the learned counsel for the informant submits that from perusal of the seizure list, it would manifest that even cartridges were recovered from the place of occurrence. It is also asserted and submitted that it appears that the injury report which is being submitted by the investigating officer of the case appears to be forged and fabricated in absence of seal of the Community Health Centre, Bakhtiyarpur.