Dismissed
The State of Maharashtra v. Rajaram Ganu Kadam and Ors.
Bombay HCAPPLN/873/2011
Case brief
from the order text
What is this about?
OF 2011 vks IN THE HIGH COURT OF JUDICATURE…
What the court decided
AI extract
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1
APPLN 873 OF 2011
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.873 OF 2011
The State of Maharashtra
.. Applicant
-versus
Rajaram Ganu Kadam and others .. Respondents.
Mrs. M. R. Tidke, for the applicant State.
Mr. Nagesh Chavan, for Respondent Nos 1 to 4.
CORAM: R.C. CHAVAN, J. DATED: 17th January, 2012
P.C.
2 APPLN 873 OF 2011
May, 2003, the first informant had gone to the Primary Health Centre at Khanapur, where first informant was examined by the Medical Officer Dr. Sawant, who is examined as P. W. 4 did not find any fracture. On 26th May, 2003, a private practitioner Dr. Bandgar – (P.W-5), found that there was fracture of fibula-upper third. Curiously P.W.4, the Medical Officer, found that there was swelling right knee, P.W.5 found that there was blunt trauma on left knee! It is thus clear that the injuries which were observed by Dr. Bandgar on 26th May, 2003 were different and not found by the Dr. Sawant- the Medical officer. They could not have been inflicted in course of incident dated 15th May, 2003. Considering the nature of strained relations between the first informant and the accused, the discrepancies in the two medical certificates, it cannot be said that the view taken by the learned Magistrate is perverse or improbable. Leave refused. Appeal dismissed.
(R. C. CHAVAN, J.)
The State of Maharashtra
Rajaram Ganu Kadam
R.C. CHAVAN
As recorded by the court registry
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