326
Ramesh Bakuni
(Querist) 09 July 2011
This query is : Open
Dear Sir,
My friend has been booked under IPC 326 after he had a street brawl. The injured person was befriendly with the DCP. The injured person got himself admitted in private hospital and on basis of this medical report from the private hospital got the case registered as a case of grievious injury.The medical certificate states a term as undepressed fracture, on which the police booked my friend under section 326. On checking up the medical reports with 3 to 4 private ENT specialists doctors it was revealed that such a term as undepressed fracture is a minor injury and the term fracture does not mean in real form as a crack to the nasal bone. They were of the further opinion that this injury was very minor in nature and fully curable without any further deformity or any future problems and the treatment required for such case would be normal not amounting to patient being admitted in the hospital and that the doctos reports were heavily influenced in the favour of the injured. After going through all this it looks like a set up. The police has booked my friend only on the basis of two letters, one from the X - Ray specialist and the second one from the doctor under whose care the patient had been admitted. No individual reference was made to the Government hospital for the verification of the report. My querry is whether such medical report is admissable in the court of law.
Secondly in such a case the police did not accept any statement from the accused, given that they were heavily biased.
Both the parties are not known to each other and the witnesses on the accused sides claim that the accused had been provocated and apprehended twice on the roadside by the injured to pull his car aside and settle the score and the injured person started the assault on the street.
