Regarding private hospitals medical used to implicate in 308
SANDEEP
(Querist) 21 August 2018
This query is : Resolved
Sir ..if a person got head injuries (7 tanke , stitches) .After police complain a medical was performed by the gov. Hospital where the doctors have clearly mentioned that all injuries are simple in nature.
But that person after playing brain gave got admitted in a private hospital where the doctors declared critical condition and due to which police have Lodged an FIR under section 308.
So ,sir is it acceptable ...and section 308 will remain in FIR?
Sir point should be noted that the gov. Hospital had mentioned that all injuries are simple in nature and after 4 days he got himself admitted.
Gov . Medical done at 27.04.2017 and private hospital medical report is received at 01.05.2017.
Sir plz help me...
Sudhir Kumar, Advocate
(Expert) 21 August 2018
you have not been able to convey facts in a manner that could be understood in one reading.
Dr J C Vashista
(Expert) 21 August 2018
Hospital (whether private or public) has to register MLC based on the opinion of the attending doctor and investigation reports on the very same day, which can not be delayed, if not registered the hospital authorities as well as doctor is liable for dereliction of duty.
Simple or grievous injury sustained by patient has to be proved by doctor during his/her deposition in the trial.
Unbelievable story, however, if there is some truth in the statement consult a local prudent lawyer for better appreciation of facts, guide and proceed.
SANDEEP
(Querist) 21 August 2018
@Dr J C Vashista sir,
On the day of "MARPEET" police took that person for medical in a gov. Hospital, where he was released by the doctors, and the medical was hand over to police , in which it is clearly mentioned that all injuries are simple in nature.
Sir, the most important point where I would like u to focus that , Neither that person was admitted in the hospital by the doctors nor was referred to any hospital .
So in my consideration that would have been the final medical report .
I don't understand why police still weighted the private medical report and increased section 308.
Sir is it fair.
Or we should finally accept that the gov. Hospital doctors were not able to find whether the injuries are simple or critical.
Sir plz help me my whole career is at risk.
Sir if u want I can send all documents to u.
Vijay Raj Mahajan
(Expert) 21 August 2018
Medical examination conducted on previous date in government hospital will prevail over medical examination conducted after 4 days.
The fact there was no serious injuries as per the medical report of government hospital, the subsequent medical report showing serious injuries will give suggestion that these injuries could have be incurred not on the particular day the fight between parties took place but 4 days after, this by itself give benefit of doubt in favor of accused charged u/s 308 IPC and he can get discharged by the court at the charge stage.
Dr J C Vashista
(Expert) 21 August 2018
First of all you must get/obtain copy of MLC and treatment provided to the injured.
You may send a (hard) copy of your documents to me at:
Chamber No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075
