Sunday, 12 January 2020

Supreme Court: Post mortem report will prevail over inquest report in case of inconsistency

 As far as the injuries in the Inquest report not being noticed in the post-mortem report is concerned, there can no doubt that the medical doctor knows exactly what medical injuries are and ordinarily in case of inconsistency, the medical report of the doctor should prevail. Having regard to the post mortem and the evidence of P.W. 1, the nature of injuries noticed as explained by the deposition of P.W. 1 unerringly point to the death being caused by throttling as opined by the doctor. Much may not turn on the injuries which are alleged to have been noted in the Inquest not being noted in the post mortem note.
IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1181 of 2011

Decided On: 06.11.2019

 Javed Abdul Rajjaq Shaikh  Vs.  State of Maharashtra

Hon'ble Judges/Coram:
Sanjay Kishan Kaul and K.M. Joseph, JJ.

Citation: (2019) 10 SCC 778.

Read full judgment here: Click here
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