15
29.06.2011; Ex. P113 at MY hospital signed by PW-32 Dr. Nilesh Guru on
20.06.2011.
28.
Learned counsel submitted that the non-identification by the treating
doctors (PW-26 and PW-32) of Rahul, or even of PW-30 RS Makwana (of PS
Annapurna) in TIP or in court, on the one hand, and his identification by PW 29
Gourishankar Chadar (of PS Annapurna) in court as Govind @ Rahul, assumes
significance. Rahul was allegedly admitted in MY Hospital and there was ample
opportunity for the treating doctors, nurses, and other hospital staff to identify
him. Their omission to do so, raises serious doubts.
29.
Ms. Prakash argued that material was suppressed regarding admission in
hospital. In this regard, it is pointed out that Ex. P113 only mentions the date of
admission as 20.06.2011 and the name of the patient is mentioned as Govind.
There is no information on record regarding the treatment given to him and the
time of his discharge. This is more crucial as no one from the hospital has
deposed in order to prove the identity of the person being treated. Likewise,
chain of custody of the bullet extracted from Rahul was not proved. In this
regard it was contended that PW-32 Dr. Nilesh Guru extracted the bullet and
deposited it in the medico-legal case section at MY Hospital on 20.06.2011. He
did not depose to sealing the bullet at all. A sealed bullet was collected by PW30 from MY Hospital from an unknown doctor on 23.06.2011. The bullet was
not sealed in front of PW-30. Therefore, there is no evidence on record to prove
who sealed the bullet and when. It was urged that the magistrate's remand order
dated 23.06.2011 omits mentioning of any injuries, especially on Appellant 2
Rahul @ Govind which would have been visible since he had been hospitalised.
Furthermore, no MLCs of the accused persons were produced during the trial. It
was also contended that the prosecution version regarding reporting of a false
case and seeking medical treatment and informing PS Annapurna to alert them
of the bullet by Rahul is unbelievable. Ex. P97 shows that it was prepared at PS
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