Gauhati High Court Sets Aside Murder Conviction In 2009 Case As Post Mortem Report Not Proved Through 'Competent Person Of Medical Science'

The Gauhati High Court has set aside the murder conviction in a case dating back to 2009 on the ground that the prosecution did not examine any competent person of medical science with regard to the post-mortem report which was found admissible under Section 32 of Indian Evidence Act by the trial court. The division bench of Justice Lanusungkum Jamir and Justice Malasri Nandi said the Ward Master of RNB Civil Hospital, Kokrajhar, who proved the handwriting and signature of the doctor who had conducted the post mortem, "is not a doctor or expert nor there is any evidence that he was present at the time of postmortem". though the postmortem report is admissible under Section 32 of the Indian Evidence Act, however, prosecution has certainly caused serious prejudice to the defence by not examining any competent person of medical science and the appellant is entitled for benefit of the same.” On September 03, 2009, the FIR was lodged, stating that on that day at around 5 p.m. the informant's father and the appellant were roaming around together and thereafter, they went to the house of the accused-appellant, where an altercation took place followed by a quarrel between them. In appeal, the Counsel appearing for the petitioner submitted that the prosecution case is based on circumstantial evidence and the chain is not complete to convict him under Section 302 IPC.