Supreme Court of India · 2019-04-16
Manju Devi vs The State Of Rajasthan
- Citation / case number
- AIR 2019 SUPREME COURT 1976
- Court
- Supreme Court of India
- Petitioner
- Manju Devi
- Respondent
- The State Of Rajasthan
- Author
- Dinesh Maheshwari
- Bench
- Abhay Manohar Sapre, Dinesh Maheshwari
Judgment text excerpt
The Supreme Court examined the rejection of an application under Section 311 CrPC for summoning a medical witness, Dr. I. Yusuf, in a trial concerning the death of the appellant's daughter under Sections 302, 304-B, and 498-A IPC. The Court held that the Trial Court's discretion to deny the application was not exercised judiciously, given the significance of the witness's testimony regarding the cause of death. The Supreme Court allowed the appeal, emphasizing the necessity of the medical evidence for a fair trial.