LILAMOY GHOSH Vs. STATE OF W B

JUDGEMENT

(1.) An interesting question of law is involved in this appeal arising from an order of conviction and sentence passed by the learned Sessions Judge, Midnapore, under section 302 I.P.C. The question is whether a post-mortem report, after examination of a dead body by a doctor, can be regarded as substantive evidence as regards all its contents, without examination of the doctor, who submitted the report.

(2.) One Hiramoni Mandi, wife of the appellant died at their hut at Jamidardaga under P.S. Jhargram in the District of Midnapore on 27.1.82, corresponding to 13th Magh, 1388 B.S. which was a Wednesday. The prosecution case was that the deceased had two sons and three daughters and used to stay at their hut along with her husband, the appellant on 27.1.82 the two sons, three daughters and other members of the family of the appellant went out from their hut for going to Jhargram town to see a fair known as Juba Mela and returned back home at about 10/10-30 P.M. The appellant was at home with his wife, Hiramoni, when they left home on 27/1/82 for seeing the fair. After returning home the sons and daughters of the appellant found that their mother was lying dead on the floor of the covered verandah of their hut in a pool of blood. Hiramoni had bleeding injuries on her person. The appellant stood changed under section 302 I.P.C. for committing murder of Hiramoni.

(3.) The defence as transpiring from the statements made by the appellant at the time of his examination under section 313 Cr. P.C., was that the appellant left home at about 9/10 A.M. on 27/1/82 in search of a cow-boy and went to the house of a relative. Thereafter he had gone to the hut of Sankar Saren (P. W. 8) at village Chiapara under P. S. Binpur in the district of Midnapore and was arrested from that hut of Sankar Saren on 4/2/82.