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Govind Vs. State of Gujarat - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtGujarat High Court
Decided On
Case NumberCriminal Appeal No. 370 of 1965
Judge
Reported inAIR1967Guj288; 1967CriLJ1633a
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 174 and 509; Evidence Act, 1982 - Sections 157
AppellantGovind
RespondentState of Gujarat
Appellant Advocate H.K. Thakore, Adv.
Respondent Advocate B.M. Sompura, Asst. Govt. Pleader
Excerpt:
- (1) the medical officer did not describe the twenty four injuries, which he deposed, he found on the person of the deceased, but he merely stated that he had stated the description of the injuries in the post mortem report. the post mortem report is not evidence, even if it be used to corroborate the evidence of the medical officer. before it can be used to corroborate, there must be evidence in the evidence of a witness, which can be corroborated. in all such cases, it is necessary for the doctor to describe all the injuries in his evidence. the conviction and sentence are, therefore, set aside and the matter is ordered to be re-tried.(2) appeal allowed.
Judgment:

(1) The Medical officer did not describe the twenty four injuries, which he deposed, he found on the person of the deceased, but he merely stated that he had stated the description of the injuries in the post mortem report. The post mortem report is not evidence, even if it be used to corroborate the evidence of the medical officer. Before it can be used to corroborate, there must be evidence in the evidence of a witness, which can be corroborated. In all such cases, it is necessary for the doctor to describe all the injuries in his evidence. The conviction and sentence are, therefore, set aside and the matter is ordered to be re-tried.

(2) Appeal allowed.


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