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Supreme Court of India 2021-03-04 allowed

V.N. Patil vs K. Niranjan Kumar & Ors

Bench: 2 — Rastogi

In Brief

A woman died under unnatural circumstances in 2004, and her husband and in-laws were prosecuted for dowry death and murder. During trial, the prosecution sought to summon doctors who conducted a second autopsy and examine their report. The Trial Judge allowed this, but the High Court quashed the order without giving reasons. The Supreme Court held that courts have discretion under Section 311 CrPC to summon witnesses essential to just decision. It stressed that appellate courts must assign at least brief reasons when reversing trial decisions. The Court set aside the High Court's order and directed the trial to proceed, emphasizing that preventing miscarriage of justice requires examination of all material medical evidence.

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Criminal Procedure Evidence Judicial Discretion Dowry Death Murder Post-mortem Report

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