Wound Certificate:
The wound certificate is a copy of the entries in the accident register and the
opinion of the doctor regarding the nature of the injuries and their probable
cause. It is admissible only when proved by the evidence of the person giving
it, apart from the special authority like Section 291 of the Criminal Procedure
Code, 1973.
The post-mortem certificate occupies the same place as the wound certificate. It
is an elaborate record summarizing the earliest facts observed by the doctor
during the autopsy, with the opinion as to the cause of death and instructions
regarding any further action that may be necessary in the circumstances of the
case. A post-mortem report is not evidence. The person who has made the report
can use it to refresh their memory while giving evidence, but the report itself
is not admissible in evidence.
The post-mortem report becomes evidence when the medical officer enters the
witness box and verifies its correctness. The post-mortem report can be used as
a record of what the doctor observed during the autopsy examination for the
purpose of corroboration or to contradict whatever they might say in the witness
box.
A certificate issued by a medical officer is not admissible in evidence. A copy
of a letter from the civil surgeon containing expressions of his opinions
regarding the nature of the injuries is not admissible in evidence as it is
extrajudicial. A Sessions Judge is not competent to permit a medical officer to
describe the post-mortem appearances merely from the knowledge acquired by him
from a perusal of the notes made by another medical officer.
Section 294 of the Criminal Procedure Code, 1973, contains a new provision
regarding the admissibility of the notes of evidence of any document of a formal
character without the necessity of a signature. An elaborate provision has been
made that documents, the genuineness of which is not disputed, need not be
proved. To secure this purpose, each party shall be required to produce a list
of documents and require the opposite party to admit or deny their genuineness.
Written By: S Kundu & Associates
Email:
[email protected], Ph No: +9051244073
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