- (1.) In compliance of this Court's order dated 08.10.2018 and 25.10.2018, Dr. Rama Shankar Gupta, is present in Court and has filed typed copy of post mortem report along with his personal affidavit. In para 8 of the affidavit, it has been stated that due to heavy work load hand writing of the deponent has become poor while scribing post mortem report.
(2.) The explanation given by Dr. Rama Shankar Gupta is not satisfactory. Time and again this Court as well as the State Government by issuing Government Order had instructed the doctors to scribe post mortem report and injury report in such handwriting which could be readable to all stakeholders including the Court, so that speedy justice may be imparted but it is because of the poor handwriting while scribing the post mortem report, disposal of this case was sufficiently delayed. A Division Bench of this Court in Writ Petition No.24520 (MB) of 2018 [Anjum and others Vs. State of U.P. through Principal Secretary Home and others] has held as under :- "8. In context of the issue raised by virtue of unreadable medical reports, as in this case, we would like to refer to order dated 19.12.2012, passed in Crl. Misc. Case No.6750(B) of 2012 Chhabiraj versus State of U.P. The relevant portion reads as under : "3. Photo copy of the medical report has been authored in C.H.C., Pratappur, Kamaicha, Chanda, District Sultanpur. Because photo copy is not readable, obviously, the typed copy would not depict the correct picture. 4. The relevance of medico legal report in cases of hurt, homicide or suicide is enormous. In a case of incised wound, the injury depicted in the medico legal report/post mortem report can clarify whether the knife was sharp on one side or both sides ; the size of the blade ; the force with which the knife has been thrust in the body and the direction from which the knife has been thrust. Likewise, in blunt injuries, explanation of the injury in the medico legal report speaks volumes about the manner in which the injury might have been caused. It assists the Court in formulating an opinion in regard to the manner in which an incident might have taken place. 5. The judicial system is facing serious problems because ocular testimony is given only by interested witnesses. There is always an apprehension in the mind of the Court that the ocular version might be false so as to falsely implicate the accused or make the offence more serious by way of exaggerating the role of the accused. The number of accused is also increased so as to implicate the entire family/friends. 6. The medico legal report, if given clearly, can either endorse the incident as given by the eye witnesses or can disprove the incident to a great extent. This is only possible if a detailed and clear medico legal report is furnished by the doctors, with complete responsibility. The medical reports, however, are written in such shabby handwriting that they are not readable and decipherable by advocates or Judges. It is to be considered that the Medico Legal reports and Post Mortem Reports are prepared to assist the persons involved in dispensation of criminal justice. If such a report is readable by medical practitioners only, it shall not serve the purpose for which it is made. This is despite the fact that computers are available in all medical facilities. In some of the States, practice is being followed where medico legal reports and post mortem reports are made on computers/printers. 7. Let Director General of Medical and Health, U.P. remain present in Court on 6.11.2012 alongwith author of the medical report as inscribed in Case Crime No.286 of 2012, under Section 307, Police Station Chanda, District Sultanpur. 8. Let a copy of this order be conveyed to the concerned authority through Shri Anurag Varma, Additional Government Advocate."
(3.) An affidavit has been filed by Dr. T.P.Singh, Joint Director, Medical Care alongwtih a circular issued to various subordinate authorities dated 8.11.2012. The Circular is extracted here below :- "From, Director General, Medical and Health Services, Uttar Pradesh, Lucknow. To, 1- All Divisional Additional Directors, Medical Health and Family Welfare, Uttar Pradesh. 2- All Chief Medical Officer, Uttar Pradesh. 3- All Principal/Chief Medical Superintendent/ Superintendent, District Men/Women/Combined Hospitals, Uttar Pradesh. Letter No: 11F/5470-72 Lucknow, Dated 8 Nov, 2012 Sub:- C.M.C. No.6750 (B) of 2012 Chhabiraj Vs. State of U.P. In re: Case Crime No.286/2012 under Section 307 I.P.C., police station Chanda, District Sultanpur. Sir, Ensure strict compliance of the directions given by the Hon'ble High Court, Lucknow Bench, Lucknow, in respect of the preparation of Medico Legal Report by the Doctors in the above noted case. 1- Medico Legal Report shall be written in clear writing which is legible. 2- Simple words shall be used in the Medico Legal Report as possible. 3- Short/Short form/Abbreviation words shall not be used in the Medico Legal Report. 4- Signatures, Name and Designation of the Doctor shall clearly be mentioned who has prepared the Medico Legal Report. Enclosure: As above Signature not readable (Rama Singh) Director General";