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1 - 8 of 8 (0.18 seconds)Section 306 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 174 in The Code of Criminal Procedure, 1973 [Entire Act]
Ganpat Raoji Suryavanshi vs State Of Maharashtra on 21 November, 1979
L.J. 853 in the case of
Ganpat Raoji Suryavanshi .vs. State of Maharashtra. In the said
reported case, the Division Bench of this Court has ruled that the
memorandum of post-mortem examination is not a substantive
evidence by itself. It is a document containing the notes made by a
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12 APPEAL224.04.odt
Doctor contemporaneously while he is conducting the post-mortem
examination. That memorandum can be used by the doctor for
refreshing his memory while he is giving evidence in Court. It may
be used by the defence, if necessary, for contradicting the doctor's
evidence in the Court. The memorandum itself can never be
substantive evidence though it can be exhibited in the Court when
the doctor is examined as a witness and has deposed to the contents
of that document. No court can come to a proper conclusion relating
to the culpability of an accused person only on the basis of the recital
of the injuries in a memorandum of the post mortem examination.
Therefore, the Division Bench rules that the examination of Doctor is
sine qua non for proving the post mortem report. In the present case,
Doctor is not examined by the prosecution. Therefore, the contents
of post mortem report, in my view, are remained to be proved.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 498 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
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