questions can be put by the opposite party. The findings
of the doctor who conducted post mortem with regard to cause of death are
disjunctive ... with her
brother where her brother was declared brought dead by the doctor. She, her
mother, Naresh and Samir were also medically examined
since it did not bear a certificate of
fitness given by the doctor at the time of its recording. The Trial Judge
noted that ... before recording the
dying declaration a Fitness Certificate was obtained from the doctor on
duty which is mentioned at ‘E’ to ‘F’ in the dying
pain. By the time she
reached the hospital, she had died. The doctor who examined her issued a
certificate stating that she had died ... have gone ahead with the cremation
himself, more so when even the doctor (CW-13) had testified that cause of
death was cardiac arrest. With
prosecution that Ramadoss, the deceased, aged about 70 years, was a Siddha doctor, from whose daughter, the appellant appears to have borrowed ... taking the injured appellant out of sheer humanitarian concern to a Doctor for treatment fortifies our conclusion that, the appellant was a tenant occupying
sustained. The condition of the patient was to be certified by the doctor
before recording the dying declaration but this was not done, in fact ... although recorded in the
presence of the doctor the same will not make it reliable. The S.I. (PW 19)
has also in his evidence
patient was brought dead but his
relatives were fighting with the doctors brings out that the brothers and
cousins of the deceased were refusing ... believe that he is dead and hence
were fighting with the doctor to do something. The writing Marked „D2‟ on
the second PCR form that
support of its case.
(1) PW.1 - Dr.Shyam M. Gogle (Doctor who
performed the Postmortem of the dead
body of the deceased ... Nadiad Civil Hospital for treatment. At that point of
time, the Doctor at Nadiad Civil Hospital had inquired with both
the injured witnesses
injuries found were ante mortem in nature.
In the opinion of the doctor, the injuries, on the private parts of the
said deceased, were indicative ... come to the medical evidence on record, we notice that the doctor
(PW 8) had, admittedly, conducted post mortem examination
recorded their statements and on 07.08.2009, he
examined P.W.6 – Doctor, who conducted autopsy on the body of the deceased and
recorded his statement ... examined P.W.8 – Doctor who treated
the deceased and intimated the death of the deceased and P.W.12 – Head Constable
who despatched
Hapur Dehat Police station and from where he was sent for doctor's examination alongwith police. The statement of PW4 fixes the time ... incident, with slight difference of half hour, and the Doctor who has examined him has mentioned that injuries could be caused
