Kharlanji: Court Proceedings on 8 Oct’07

07Nov07

       
                
Now the next witness Dr.Avinash John Shende  is called in the witness box

Judge : Say-“swear to the Jesus Christ that whatever I say will be the truth & nothing but the truth
Wit:I  swear to the Jesus Christ that whatever I say will be the truth & nothing but the truth
Judge:Ur name?
Wit:Avinash John Shende
Judge: What is you age?
Wit:28 years
Judge:What is your profession ?
Wit:I m Medical Officer in the Sub-District Hospital at Tumsar.
Judge:What is your qualification?
Wit: I have passed the M.B.B..S.
Adv.Nikam: Since from when u worked as Medical Officer in the Mohadi Rural Hospital.?
Wit:  Initially I was posted as Sihora Primary Health Centre. Then I was deputed to Mohadi Rural Hospital from April 2006 to November 2006.
Adv.Nikam:Till date how many post mortems you have done?
Wit:Till now I have done about 20-24 post-mortems.
Adv.Nikam: On 30/9/2006 at 12 in the noon, a dead body was referred to for what purpose & who referred that body?
Wit:(keeps mute)
Adv.Nikam: Haven’t you brought your ofiice copy?
Wit:No Sir.
Adv.Nikam: (showing displeasure)you should have brought your office copy.

 (Adv.Nikam gives him a copy of the post mortem from the defence lawyer Adv.Jaiswal.)

Wit:On 30/9/2006 at 12 in the noon a dead body of Priyanka Bhaiyyalal Bhotmange was referred to me for the post mortem by Andhalgaon Police.
Adv.Nikam: when did u commence & when did you finish the P.M.?
Wit: I commenced at 2:30P.M. & finished at 3:30 P.M.
Adv.Nikam:What external injuries you noticed on her body?
Wit: I noticed the blunt injuries & incised wound on ……(reads through the P.M.report)
Adv.Nikam: Now Doctor tell me were these injuries antemortem(before death)?
Wit:Yes, these injuries were antemortem.
Adv.Nikam:Are the injured no.1 & 2 on vital parts of the body?
Wit: Yes these are on the vital parts of the body.
Adv.Nikam: Are these injuries sufficient to cause death in the ordinary course on the nature?
Wit:Yes.
Adv.Nikam:Injuries no.s 3,4,5,9 could have been caused by cycle chains. Right?
Wit:Yes.
Adv.Njkam:Rest of the injuries could have been caused hard & blunt objects. Right?
Wit:Yes.
Adv.Nikam:What did you find on internal examination?
Wit:On internal examination I found……..(reads through the P.M.report)
Adv.Nikam:Accordingly u wrote all the reports & signed on it. Right?
Wit:Yes.

Adv.Nikam: On 1/10/2006 at 2 P.M. whose dead body was reffered to you for what purpose & by whom?
Wit: On 1.10.2006 at 2 P.M. a dead body of Roshan Bhaiyyala Bhotmange was reffered to me for the postmortem by Andhalgaon Police
Adv.Nikam: when did you commence & when did you finish the P.M.?
Wit:I commenced at 4 P.M. & finished by 4:30 P.M.
Adv.Nikam:What external injuries you noticed on his body?
Wit: I noticed …..(reads through the P.M. report of Roshan Bhotmange)
Adv.Nikam:Were these injuries antemortem(before death)?
Wit:Yes, these injuries were antemortem.
Adv.Nikam: Out of these injuries how many injuries were on the vital parts of the body?
Wit:Injuries numbered as 8,9,& 10 were on the vital parts of the body.
Adv.Nikam: Were these injuries sufficient to cause death in the ordinary course of the nature  ?
Wit:YES.
Adv.Nikam: What weapons could have caused the injuries?
Wit:The injuries could have caused by the hard & blunt object.
Adv.Nikam:What did you find on internal examination?
Wit:On internal examination I found……..(reads through the P.M.report)
Adv.Nikam:What could be the probable cause of the death?
Wit: Intracranial haemorrhage due to  head injury.
Adv.Nikam: Accordingly you wrote all the reports & signed on it.Right?
Wit:Yes.

Adv.Nikam: Who reffered the third dead body & at what time& for what purpose?
Wit: On 1/10/2006 , at 2 P.M. Sudhir Bhotmange’s dead body was reffered by the Andhalgaon Police for autopsy.
Adv.Nikam: when did u commence & when did you finish the P.M.?
Wit:I commenced at 4:35 P.M. & finished by 5:15 P.M.
Adv.Nikam:What external injuries you noticed on his body?
Wit: I noticed…..(reads through the P.M. report of Sudhir Bhotmange)
Adv.Nikam:Were these injuries antemortem(before death)?
Wit:Yes, these injuries were antemortem.
Adv.Nikam: Out of these injuries how many injuries were on the vital parts of the body?
Wit:Injuries numbered as 9,11,12,13,14 & 15 were on the vital pars of the body.
Adv.Nikam: What weapons could have caused the injuries?
Wit:The injuries could have caused by the hard & blunt object.
Adv.Nikam:What did u find on internal examination?
Wit:On internal examination I found……..(reads through the P.M.report)
Adv.Nikam: Were these injuries sufficient to cause death in the ordinary course of the nature  ?
Wit:YES.
Adv.Nikam:What could be the probable cause of the death?
Wit:Intracranial haemorrhage due to  head injury.

Adv.Nikam: On what date the dead body of Surekha Bhotmange was
 reffered,by whom it was reffred & for what purpose?
Wit: On 1/10/2006 , at 2 P.M. Surekha Bhotmange’s dead body was
 reffered by the Andhalgaon Police for autopsy.
 (At this stage , the court is adjourned for the lunch-break at 2
 P.M.It re-assembles at 3 P.M.Adv.Nikam continues his examination of the
 witness )
Adv.Nikam: when did you commence & when did you finish the P.M.?
Wit:I commenced at 5:15 P.M. & finished by 6:00 P.M.
Adv.Nikam:In all how many injuries were there?
Wit: There were in all 16 injuries on the dead body of Surekha
 Bhotmange.
Adv.Nikam:What external injuries you noticed on her body?
Wit: I noticed …..(reads through the P.M. report of Surekha Bhotmange)
Adv.Nikam:Were these injuries antemortem(before death)?
Wit:Yes, these injuries were antemortem.
Adv.Nikam: Out of these injuries how many injuries were on the vital parts of the body?
Wit:Injuries numbered as 1 to 5 were on the vital pars of the body.
Adv.Nikam: What weapons could have caused the injuries?
Wit:The injuries could have been caused by the hard & blunt object except 11&12 which could have been caused by metal objects.
Adv.Nikam:What did you find on internal examination?
Wit:On internal examination I found……..(reads through the P.M.report)
Adv.Nikam: Were these injuries sufficient to cause death in the ordinary course of the nature  ?
Wit:YES.
Adv.Nikam:What could be the probable cause of the death?
Wit:Intracranial haemorrhage due to  head injury.
Adv.Nikam: What did you notice in the intestine of Surekha,Sudhir,Roshan & Priyanka ?
Wit:I noticed semi-digested food in their intestine & accordingly , I mentioned that in column no.21 in respective reports.
Adv.Nikam: What does it indicate?
Wit:These persons died  5-6 hours after their last meals.

 (Adv.Nikam finishes his examination at 3:45 P.M.Now,Adv.Jaiswal rises to cross-examine the  witness.)

Adv.Jaiswal: In Sureka’s case, injury no.s 11 & 12 were caused by hard & blunt objects as you wrote in your P.M.report.Doctor,so do you agree with
 me that incised wounds are caused by sharp edged weapons?
Wit:Yes.
Adv.Jaiswal: So, the external injuries numbered as 1 to 5 & 8 on the dead body of Surekha are possible by any sharp edged weapon. Is it true?
Wit: Yes.
Adv.Jaiswal: In the same way in Priyanka’s case too injury no.1 & 2 were caused by sharp edged objects. Right?
Wit: Yes.
Adv.Jaiswal: Column no.19 corresponds to injury no. 1 & 2 . These injuries could also be caused by sharp edged weapon. Right?
Wit: Yes, but it is also possible that it could be caused by hard & blunt objects.
Adv.Jaiswal: Similiarly it  is also possible in Surekha’s case that it could be caused by hard & blunt objects. Right?   
Wit: Yes.
Adv.Jaiswal: Do you know about the canal?
Wit: Yes.
Adv.Jaiswal: If the dead bodies r floating in the canal for miles together . Is it then possible that contusions & abrasions could be caused to the dead bodies ?
Wit: No, sir that is not possible.
Adv.Jaiswal: Even if those bodies strike on the walls of the canal?
Wit: No, sir still then it is impossible.
Adv.Jaiswal: Contusions & abrasions are also possible if one falls down on the hard & rough surface. Right?
Wit: In this case it is not a possibility.
Adv.Jaiswal: I am asking you a general question.
Wit: Then it is a possibility.
Adv.Jaiswal: Chain marks are also known as ligatures marks. Were there any ligature marks on the 4 dead bodies?
Wit: I had found those marks on the dead bodies of Surekha & Priyanka.And I have mentioned that in the P.M. reports.
Adv.Jaiswal:But Doctor in none of your P.M. reports, you have mentioned that the injuries were caused by metal chains.
Wit: I have mentioned hard & blunt objects. We have to mention only the type of the object & not the actual object.
Adv.Nikam(interrupting): But sir in column no.17 there is the mention of the metal chain.
Adv.Jaiswal:Sir, I m not asking the Public prosecutor.
Judge : But if it is alredy mentioned why are you asking? If it is there it is there.
 ( At this stage the witness looks towards the P.P.Adv. Jaiswal  objects to it pretending it to be the gesture  hints from Adv.Nikam)
Adv.Nikam(to witness): Speak loudly & don’t look towards me. You are a doctor & you should be confident in replying the questions.
Adv.Jaiswal:you stated in the court that the probable cause of the death of Roshan & Sudhir was intracranial haemorrhage due to head injury; but you have not written that in their respective P.M.reports.
Wit: No sir.But in column no.19, I have mentioned fronto- parietal intracranial haemorrhage.
Adv.Jaiswal: But have you mentioned as in other cases as the probable cause of death being Intracranial haemorrhage due to head injury.
Wit:I forgot to write that sir. But from the notes that I wrote , it is proved that it is Intracranial haemorrhage.
Adv.Jaiswal:Do you know the importance of writing correct dates?
Wit: Yes.
Adv.Jaiswal(to Judge): Sir, please refer to the dates in every
 P.M.report.
Adv.Jaiswal(to wit): Is it 30/8/06?
Wit:It is 30/9/06 sir.
Adv.Jaiswal:Doctor the date in the Priyanka’s report is overwritten as
 30/9/06 .Earlier it was 1/10/06.

 (Hon.Judge is shown the copy of the report.He agrees & records accordingly.)
Adv.Jaiswal:In case of Sudhir & Roshan’s  P.M.reports,on page no.7 , the date 5/10/06 is done as 1/10/06.

           (Hon.Judge records)

Adv.Jaiswal:Is it true that if the final report is not possible immediately, the provisional report is issued to help the police so as to set
 their line of investigation?
Wit: Yes.
Adv.Jaiswal: After taking the rough notes of the injuries while doing the autopsy, you make final P.M. report.Right?
Wit: Yes.
Adv.Jaiswal:On the basis of the rough notes of injuries, you issue  provisional certificate to the investigation authority immediately. Right?
Wit: Yes.
Adv.Jaiswal:On the basis of the rough notes of injuries, you make final P.M. report. Right?
Wit: Yes.
Adv.Jaiswal:After completion of the autopsy & rough notes & after handing over the dead bodies,you make the final P.M. report. Right?
Wit: Yes,but in this case , I had given the final reports to the Police on the same day on 30/9/06 & 1/10/06
Adv.Jaiswal:How much time is required to write the final report after P.M.?
wit: Hardly an hour is requied to write those reports.
Adv.Jaiswal: Time for every P.M.report?
Wit: Yes.
Adv.Jaiswal: you make one autopsy, then you write the report & so on?
Wit:I conducted all the three post-mortems one after the other & wrote final report.
Adv.Jaiswal: On page no.8 in Priyanka’s P.M.report , you have erased 1/10/06 & wrote 30/9/06.Right?
Wit:No sir.
Judge:(showing him the report ) Look it is clearly erased the date of 1/10/06 & made corrected as 30/9/06.Is it not there?

 (Witness now agrees.)
Adv.Jaiswal:Page no. 8 of Roshan,Sudhir ,& Surekha Bhotmange’s depicts the crime no 56/06.Right?
Wit: Yes.
Adv.Jaiswal:The police must have told you the crime number.
Wit:I wrote the crime no. from requisition form of Police report.
Adv.Jaiswal:But in Priyanka’s case , you have written the crime no. as
 24/06.
Wit: Sir, it is the referral number , but I agree that it is wrongly placed.
Adv.Jaiswal:Is it necessary that in every medico-legal case, you have to preserve the viscera?
Wit:It is not required in every case.
Adv.Jaiswal:In this case the police took all the P.M. reports on
 5/10/06.Right?
Wit: Yes.
Adv.Jaiswal: Peeling of the skin (which is a sign of decomposition) of Sudhir,Roshan & Priyanka were found. Right?
Wit: Yes.

 (Adv.Jaiswal finishes his cross-examination at 4:45 P.M.Now, Adv.Khandewale rises to cross-examine the witness.)

Adv.Khandewale: Tell me do the size of the injury change if the decomposes?
Wit: No.In the early stages the injury size does not change.
Adv.Khandewale: Is it true that you were terminated from the service on 9/10/06?
Wit: Yes.
Adv.Khandewale: Is it true that the cause of your termination from service was unsatisfactory service?
Wit: Yes.
Adv.Khandewale: Dotor, had this case not happened , you would not have terminated from service.Right?
Wit:(keeps mute)
Adv.Khandewale: Dotor,what I m asking is that you did postmortems on 4 dead  bodies .Your work of doing P.M. on these dead bodies were not found
 satisfactory & so you were terminated from service. Right?
Wit:Yes.
 (Adv.Khandewale finishes his cross-examination at 4:55 P.M. Now, Adv.Bedarkar rised to cross-examination the witness.)
Adv.Bedarkar: Can you tell me the exact time of the death of the 4 persons?
Wit:For the first body,16-18 hrs.& for other 3 bodies 30-34 hrs.before I conducted the autopsy on them.
Adv.Bedarkar: you have not mentioned the edge of the injuries. Right?
Wit:Yes.
Adv.Bedarkar: The injuries to the persons might have caused for the time distance of around 3-4 hrs.Right?
Wit:No,the injuries were caused at one & same time.
Adv.Bedarkar: Can you tell the exact time of the death of the 4 persons?
Wit:I have already told by approximation.
Adv.Bedarkar: Is it true that Mrs.Bante conducted the P.M.?
Wit:No.
Adv.Bedarkar: She should have conducted the P.M.Right?
Wit:Yes.
 At this stage Hon.Judge adjournes the court till the next day i.e.9 th October as the Court’s time is over.)
 
 



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