AI Overview...
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Dying Declarations - Entries in medical case papers, recorded by doctors based on victim’s statements, are admissible under Section 32 of the Indian Evidence Act as dying declarations Bhagirath Bhaurao Kanade VS State of Maharashtra - Crimes, Bhagirath Bhaurao Kanade VS State of Maharashtra - Bombay, DEVENDRAPPA VS STATE OF KARNATAKA - Karnataka, Rohit Murlidhar Trivedi VS State of Maharashtra - Bombay, State of Karnataka VS Balu Rama Kalligaddi - Karnataka, KUMAR ALIAS B. A. JAYAKUMAR VS STATE OF KARNATAKA - Karnataka.
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Medical Records and Case Papers - Entries made by doctors in medico-legal cases reflect the history provided by patients, which can be crucial evidence, especially when corroborated by other records or statements. These entries often form the basis for establishing facts in cases of burns, assault, or arson Bhagirath Bhaurao Kanade VS State of Maharashtra - Crimes, Rohit Murlidhar Trivedi VS State of Maharashtra - Bombay, DEVENDRAPPA VS STATE OF KARNATAKA - Karnataka, Sheshrao s/o. Sahebrao Gadade VS State of Maharashtra - Bombay.
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Consistency and Credibility - The reliability of medical entries depends on their consistency with other evidence such as witness statements, other medical records, and the circumstances of the case. Inconsistencies between medical records and testimonies can raise suspicion about the veracity of the declarations or the case itself Rattan Suka Lilke VS State of Maharashtra - Bombay, Sheshrao s/o. Sahebrao Gadade VS State of Maharashtra - Bombay, State of Karnataka VS Balu Rama Kalligaddi - Karnataka.
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Importance of Medical Certification - The certification of fitness and the recording of the victim’s statement by doctors are significant. Proper procedures, including obtaining fitness certificates and accurate history, are vital for the admissibility and credibility of dying declarations DEVENDRAPPA VS STATE OF KARNATAKA - Karnataka, KUMAR ALIAS B. A. JAYAKUMAR VS STATE OF KARNATAKA - Karnataka.
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Judicial Considerations - Courts emphasize the need for careful examination of medical records and entries, especially in cases involving burns or arson, to determine whether the incident was homicidal or suicidal, and whether the dying declaration was made voluntarily and truthfully Sheshrao s/o. Sahebrao Gadade VS State of Maharashtra - Bombay, Bhagirath Bhaurao Kanade VS State of Maharashtra - Bombay.
Analysis and Conclusion:
Entries in doctor case papers, especially when recorded as part of medico-legal procedures, serve as valuable evidence in criminal cases involving burns, assault, or arson. Their admissibility as dying declarations under Section 32 hinges on proper recording, consistency with other evidence, and procedural correctness. Courts scrutinize these entries to assess credibility, often correlating them with witness testimonies and medical certifications to establish the facts of the case.
Search Results for "Entries in Doctor Case Papers"
• India - Crimes
VISHNU SAHAI, S.S.PARKAR
him on fire - History given by victim recorded in Medico Register stated that it was accidental burns inflicted by the patient - Doctor ... There can be no quarrel with the proposition that the entries made by the doctor in the medical case papers, on the basis of information received by the victim, would be admissible as dying declaration under Section 32 of the Indian Evidence Act. ... Patil who on the admission of Govinda in Civil Hospital, Nasik, had examined him and made entries i....
1996 0 Supreme(Bom) 398 • India - Bombay
VISHNU SAHAI, S.S.PARKAR
of entries by doctor in medical paper by prosecution-Evidence In conflict In dying declaration of death of deceased-Suspicious-Benefit ... conviction-After quarrel-Accused procured kerosene oil on his brother-put on fire-Dying declaration-Two in number-One by Magistrate-Another by doctor-Non-examination ... Section 32-When police Head Constable took statement of victim for purpose of registering a case with no Intention to record dying ... ... There can be no quarrel with the proposition that the #HL_S....
2002 0 Supreme(Kar) 149 • India - Karnataka
M.F.SALDANHA, N.K.PATIL
Fact of the Case: The appellant is alleged to have set fire to his wife's clothes after pressurizing her to bring money ... Again, it is this very doctor who has made the entries in the medico legal case papers which are to the effect that Padmavathi at the earliest point of time made a statement implicating the accused. This statement is absolutely consistent because the P. S. I. ... In any case, once a doctor has certified the fitness and once we find that the evi....
2011 0 Supreme(Bom) 1145 • India - Bombay
ABHAY M.THIPSAY
Madhukar Shankpal (PW1) is supported by the contemporaneous record which is in the nature of entries made by him in the case papers (Exhibit23) and it is inconceivable that the Doctor would make such false entries without any reason. ... Once it is accepted that the prosecutrix had given such history of certain injuries to the Doctor, when she was medically examined, the fact that now she as well as her father are denying that she was ever beaten by her father gives rise to a suspicion....
2008 0 Supreme(Bom) 614 • India - Bombay
V.K.TAHILRAMANI
Register entries, indoor medical papers show the history given by the patients to the doctor was that of accidental burns. ... -It is seen that all the initial papers, EPR Register entries, indoor medical papers show the history given by the patients to the ... There is inconsistency between the dying declarations and the evidence of Doctor and documentary evidence like medical papers and ... In the present case, it is seen that al....
2008 0 Supreme(Bom) 670 • India - Bombay
BILAL NAZKI, S.A.BOBDE
Shal George Kakkattil, was a doctor in Sassoon Hospital. On 19th July, 1999, Sairam was admitted to hospital. The witness had brought the original case papers of Sairam to the Court. As per entries in the case papers, the patient was brought to CMO's chamber at 1.25 p.m. ... Shal that the patient was not brought by her nor she gave history of assault then how he had recorded such a history in the case papers. The doctor told her tha....
2003 0 Supreme(Kar) 1022 • India - Karnataka
M.F.SALDANHA, K.RAMANNA
Dying Declaration - Wife Burning Case - Indian Penal Code - Section 302 - Section 304A Fact of the Case: The case ... The prosecution's case relied solely on these two documents. ... On going through the record and the oral evidence of the doctor we have almost drawn a blank because apart from vague reference of consciousness, the case papers have not been produced. ... In our considered view, the medical records are absolutely crucial starting from the ent....
• India - Crimes
SHRIHARI P.DAVARE
papers strengthened the factum that prosecution case had been shattered in pieces and there was no consistency therein-In the circumstances ... which was contradictory to theories put forth in two written dying declarations as well as medical history disclosed in medical case ... , held that there were infirmities and deformities in the prosecution case and prosecution had failed to bring guilt at home against ... Parmeshwar Salve is the doctor who examined and treated the patient Shobha on 13.10.2007 a....
2018 0 Supreme(Bom) 843 • India - Bombay
T.V.NALAWADE, K.L.WADANE
- Facts and circumstances of each and every case are always different - On facts in present matter conviction cannot sustain and ... no other probability than given in dying declaration and which is appearing on basis material produced before Court - In second case ... Apex Court observed that it was necessary for investigating agency to ensure whether incident was suicidal or homicidal - In first case ... Unfortunately, the Trial Court has not considered these entries which can be used as first disclosures made by the d....
2002 0 Supreme(Kar) 391 • India - Karnataka
M.F.SALDANHA, N.K.PATIL
Firstly, he points out that the doctor who is PW.1 has in no uncertain terms stated that Head Constable sought his permission to ... the true, correct and complete statement made by the deceased that the mere omission to obtain the fitness certificate from the doctor ... In the present case however, there are two aspects which the learned Addl. S.P.P. has very vehemently laid emphasis on. ... There are entries to this effect in the case papers and the learned Counsel submits that it wo....
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