STATE OF MAHARASHTRA Vs. MARUTI ANANTA BHOSALE

JUDGEMENT

(1.) Heard Mr. Shinde, the learned APP for the applicant-State. Perused the impugned judgment.

(2.) This application is moved by the State Government seeking leave to prefer appeal against the order of acquittal dated 18th July, 2009, passed by the Sessions Court in Criminal Appeal No. 258 of 2005, whereby the appeal preferred by the accused-respondent against his conviction for the offences punishable under Sections 325, 323, 504 and 506 of the Indian Penal Code was allowed and the conviction was set aside.

(3.) According to the prosecution, the first informant had suffered several injuries including fracture. Record reveals that though the medical certificate was produced, the Medical Officer was never examined to prove the injuries and therefore, the accused also did not get opportunity to cross examine the Doctor. Before the trial Court, it was argued that the medical certificate is a public document and therefore, non examination of the Medical Officer is not fatal to the prosecution. The Sessions Court rejected this argument and gave benefit of doubt to the accused.