Law:

Section:

(a) Criminal Procedure Code (V of 1898) S. 509 Medical witness, summoning of, after being once examined¬-Accused given no right under S. 509 to demand summoning of medical witnesses, once examined by Magistrate in presence of accused -Matter left to discretion of Court Reservation of cross examination of medical witness for Sessions Court Not permitted by any provision of Criminal Procedure Code of 1898. [Witness Cross examination]: Shivadhina Singh v. Emperor 22 Cr. L J 262 distinguished. (b) Criminal Procedure Code (V of 1898) --- S. 540 Additional evidence, summoning of Application for summoning medical witness already examined during inquiry by Magistrates in presence of accused Held, an application for summoning additional evidence and within discretion of Court either to accept or reject. [Evidence]. (c) Criminal Procedure Code (V of 1898) ----Ss. 509(2) & 217 Summoning of medical witness already examin¬ed Section 217 enjoins certain procedure to be observed by committing Magistrate but does not spell out any right in favour of accused ¬Summoning of medical witness still within discretion of Sessions Court. (d) Criminal Procedure Code (V of 1898) S. 509 Summoning of medical witness already examined Previous deposition of medical witness transferred to Sessions file on very first day of trial in presence of appellants and their counsel No objection taken by appellants to adoption of such procedure nor any request made on lines stated in inquiry proceedings Appellants, held, could not insist to have a right in such circumstances to demand presence of medical witness. (Witness]. (e) Criminal Procedure Code (V of 1898)--S. 509 Summoning of medical witness already examined Reference to medical treatises Description of injuries sustained by deceased already given by Doctor in his deposition during inquiry and their implications needing to be examined with reference to expert opinions stated in textbooks on medical jurisprudence Submissions made on behalf of appellants with reference to nature of injuries and their Possible conflict with ocular evidence, held, not such as to require presence of medical witness for cross examination High Court, held further,…

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