STATE OF GUJARAT Vs. SURENDRAPRASAD J SHASTRI

JUDGEMENT

(1.) This criminal appeal filed by the State arises out of judgement dated 16.09.1993 rendered by the learned Sessions Judge, Amreli in Sessions Case No. 2 of 1989. By the said judgement, the learned Judge acquitted both the accused, the respondents herein. In the process, she made certain disparaging remarks against a doctor who was part of a panel who performed the postmortem of the deceased. He has, therefore, filed Criminal Mis. Application No. 6099 of 1993 for expunging the remarks.

(2.) Briefly stated, the prosecution version was that Hana Sidi and his brother Hararaj Sidi were both arrested in connection with the death of one Kumbha Samant of village-Devli-Dedani who had died by drowning in a well. The two brothers were accused in the murder case of Kumbha Samant. They were arrested on 13.07.1987 and on the request of the investigating agency, the learned Judicial Magistrate had, by an order dated, 15.07.1987, granted police remand of these accused for four days. They were to be produced before the Magistrate again on 19.07.1987.

(3.) The prosecution examined Dr. Bansidhar Ganpatlal Gupta PW 1 at Exh 8, the Medical Officer at Jamnagar. At the relevant time, he was an Associate Professor in the Forensic Medicine Division. He had carried out the postmortem of the dead body in which, he had noted following ante-mortem external injuries: