RAJKISHORSINGH RANVIRSING TOMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The questions that arise for consideration in this Appeal are,

(2.) Before, adverting to the first question, I would prefer to answer the second and third question. Section 293 of Cr.P.C. provides that the report of the scientific expert may be used in evidence in any enquiry, trial or order and other proceedings of the Court. The provisions of the Section are intended to save time and avoid needless examination of experts mentioned therein, unless, the Court found it necessary to examine the expert or when the accused requested for examination of the expert. If the Court does not find it necessary to analyse the Chemical Examiner or any other expert mentioned in Sub-Section (4) of Section 293 and accused does not make any prayer to summon and examine the expert, the report can be used in evidence without examination of the expert.

(3.) In the case of Dasu and Ors. V/s. State of Maharashtra , 1985 CrLJ 1933, the Division Bench of this Court, while dealing with the similar issue has held in para-25 as under :