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Q. can we use a medico legal expert's opinion (in written) in high court in a criminal appeal

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akash kumar

posted 5 months ago

Q.can we use a medico legal expert's opinion (in written) in high court in a criminal appeal
Sir, my friend has been convicted in a dowry death case for life.. his wife committed suicide by hang herself with a scarf. her postmortem was done by a MBBS doctor and a radiologist, where the cause of death was written ante mortem strangulation (by inexpert doctor). trail court convicted my frnd for life in dowry death case. he is in jail now. and his appeal is pending in High court allahabad. now i want to know that if any medico legal expert's opinion in written can we use in appeal??

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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A. ) Dear Sir,
It can be used to little extent or alternatively you get remanded the case to the Trial Court and lead defence evidence and get it marked by examining the concerned medical expert.

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Junaid Ali Khan

Experience: 2 Year(s)

Responded 5 months ago

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A. ) It would be better if you challenge the order on the basis of merits of the case. Prove that she was not subjected to harassment or any demand of dowry was made.

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akash kumar

Replied 5 months ago

There is nothing in the case about the main ingredient of 304B IPC.. cruelty soon before death with the demand of dowry. but trial court convicted the husband on the medical ground.. ante mortem strangulation.. and doctor said in his testimony that these injuries showing in pm could not be by hanging.. although none injury is shown in PM except ligature mark (which was written in the form of abrasions and contusion 18X5 CM. thats so why the question was asked..

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