RAMDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) The High Court has noticed that the investigating officer was not examined and observed that when ocular evidence, supported by medical evidence were there, non-examination of such officer was inconsequential. Dr. J.C. Sharma, who treated the injured first, was also not examined. But the High Court has rightly held that the non-examination of Dr. J.C. Sharma was of no effect because the Doctor, who had medically examined the injured and prepared the injury report, had been examined. In view of the specific evidence available against the Appellant, we are not inclined to interfere with the order of conviction. However, taking into consideration the facts that the Appellant was facing the trial since 1988, he is aged about 65 years, and that he is suffering from tuberculosis relating to which certificate has been enclosed--the same being not disputed by the Respondent-State, we modify the sentence to the period already undergone by the Appellant along with fine. Appellant be released forthwith, if not required in any other case, subject to payment of fine imposed by the Courts below. The order passed by the High Court is modified to the above extent. The appeal along with criminal misc. petition stand disposed of.