The Allahabad High Court in the case Vishwanath vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko observed and has directed the State Government to issue directions orders to the Chief Medical Officers of the state with regards to the preparation of postmortem reports or injury reports in typed format, which being legible.
The bench comprising of Justice Brij Raj Singh in the case observed and has issued this direction while granting bail to one Vishwanath, who being an accused of assaulting a victim, wherein the same resulted in his death. Therefore, the court booked him under Section 323, Section 504, Section 506, Section 304 of Indian Penal Code, 1860.
Therefore, he also moved to the court in a bails seeking on the ground that there are four accused against whom allegation of assault has been leveled and the deceased received one injury on his head and has received other two injuries on non-vital parts of the body.
Further, it has been submitted by the counsel appearing for him that a general allegation had been leveled against all the accused persons, and the court granted bail to one of the accused Harish Chandra in February.
It was also submitted before the court that this being his case was at par with the case of co-accused Harish Chandra and that he should be released on bail. The court while finding the merits and the fact that the co-accused has been granted bail.
It has also been noted by the court that the injuries mentioned in the injury report were illegible, and the prosecution side as well as the applicant side faced difficulty in reading the same.
It has also been opined by the court that in future postmortem reports or the injury reports which are prepared by the doctor should be in a typed format and legible, so that the same can easily be read, it has also been directed by the court that the Principal Secretary, Medical Health and Family Welfare Government of U.P. to issue the proper direction to all the Chief Medical Officers of the District that the postmortem report, as well as the injury report, being transcribed in typed format.
Accordingly, the court allowed the plea and has listed the case for monitoring after two months so as to see what action has been taken in pursuance of directions issued by it.
