Gujarat High Court Case Information System
Print
CR.MA/7487/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7487 of 2008
In
CRIMINAL
APPEAL No. 1709 of
2008
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
THAKORE
HEMAJI MERUJI & 2 - Respondent(s)
=========================================================
Appearance
:
MS
MITA PANCHAL, ADDL. PUBLIC PROSECUTOR for
Applicant(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 05/09/2008
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Present
application is filed seeking leave to appeal against the judgment
and order dated 4th March, 2008 passed by the learned
Sessions Judge, Special Court, Patan in Special (Atrocity) Case
No.12 of 2007.
Heard,
learned APP, Ms. Mita Panchal.
Learned
APP made available a copy of Exh.24 ? deposition of Dr. Abidhusen
Ahmedhusen Mansuri. Learned APP also made available a copy of Exh.25
? death certificate. A copy of Exh.32 ? police yadi with which
the complainant was forwarded to the Medical Officer. Learned APP
also invited attention of the court to the discussion in paragraph
15 wherein, the learned Sessions Judge, while appreciating the
evidence of Dr. Mansuri, has recorded that in the history given by
the complainant, the names of the accused persons are not given. The
appreciation of the evidence of Dr. Mansuri is defective when the
complainant had come to the Medical Officer along with a police yadi
and when the complainant says that he was assaulted by the opposite
side with stick, to observe and record that the names of the accused
are not given in the history, cannot be said to be proper
appreciation of the evidence of the doctor. Besides, the doctor has
specifically stated in his deposition that the complainant had
complain about pain on the left arm and the doctor has opined after
taking x-ray that the same was normal and the injuries sustained
were of simple nature that the same could have been caused by hard
and blunt substance and if no complication arises, the same will
take about 5 to 7 days for healing. The doctor has specifically
opined that these injuries are possible to be caused by a stick.
Leave
to appeal is granted.
Application
is allowed.
[R.R.TRIPATHI,
J.]
[K.M.THAKER,
J.]
kdc
Top