1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1277 OF 2007 IN CRIMINAL APPEAL NO. 634 OF 2006 Sandeep Prabhakar Wadnerkar.... .... Applicant. Versus The State of Maharashtra... ..... Respondent. Applicant present-in-person. Mrs. A. S. Pai, APP for the Respondent. CORAM: BILAL NAZKI and S. A. BOBDE, JJ. DATED : 15TH FEBRUARY, 2008. P. C.: Heard the applicant, who is appearing in person and also the learned Public Prosecutor. 2. This application has been made by the accused / appellant under Section 391 of the Criminal Procedure Code for leading additional evidence. The applicant has annexed the opinion of a doctor, namely, Dr.R. G. Bhusale, Professor & Head, Forensic Medicine Department, Government Medical College, Aurangabad. It appears that the doctor has been shown the post mortem report and other relevant documents which 2 formed part of the charge sheet and he has given an opinion. Obviously this opinion must have been obtained by the accused. 3. Since there is already an opinion of the doctor who conducted the post mortem of the deceased, the trial court has relied the same to convict the applicant. Whereas, the opinion given by the present doctor is contrary to the opinion of the doctor who conducted the post mortem. Therefore, in the interest of justice, we would like to allow this application. 4. Notice be issued to Dr. R. G. Bhusale, Professor & Head, Forensic Medicine Department, Government Medical College, Aurangabad, to appear in this Court on 3rd March, 2008 as the defence witness. 5. The application allowed accordingly. Sd/- (BILAL NAZKI, J.) Sd/- (S. A. BOBDE, J.)