STATE OF MAHARASHTRA Vs. SHIVAJI SHIVRAM TAMBE

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 30th March, 1984, passed by the Additional Sessions Judge, Thane, in Sessions Case No. 136 of 1982, acquitting the respondents for an offence punishable under section 307 r/w 34 I. P. C. in the alternative under section 326 r/w 34 I. P. C. has come up in appeal before us.

(2.) BRIEFLY stated the prosecution case runs as under:

(3.) THE evidence shows that at K. E. M. Hospital Bombay, the victim was surgically operated by Dr. P. D. Daruwala (not examined ). The certificate prepared by Dr. Daruwala (Exh. 20) was sought to be proved by Dr. Hilary Nezereth. There is a technical flow in the said certificate being proved inasmuch as Dr. Hilary Nezereth has no where stated that she had seen Dr. Daruwala signing and the writing in Exhilbit 20 was his.