SUMAN Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal revision has been instituted by the revisionist to set aside the order dtd. 31/5/2022 passed by A.S.J-VI, Mathura in S.T. No. 433 of 2012 (Smt. Suman Vs. Krishna Murari and Ors.) under Ss. 323, 325, 504, 506 I.P.C. Police Station Vrindaban, District Mathura, by which the Trial Court has rejected the application 136-B by the informant under Sec. 311 Cr.P.C.

(2.) In brief facts of the case are that the aforementioned Sessions Trial is pending in the Court of A.S.J-VI, Mathura, in which the informant moved an application 136-B that injured Rajan Lal was examined on 3/7/2009 in Swarna Jayanti Community Hospital. Medical report 4-A/17 is on record, he was examined by Dr. Ajai Gopal, during the medical examination Mild Subarachnoid Hemorrhage was found on the head and he was carried out in unconscious position/stage to the hospital therefore the statement of concerned doctor is necessary. Hence, Dr. Ajai Gopal be summoned as witness. The concerned I.O. has not arrayed him as witness, therefore Dr. Ajai Gopal be summoned under Sec. 311 Cr.P.C.

(3.) Learned counsel for the accused had vehemently opposed the application and had stated that this file is under Sec. 313 Cr.P.C on 1/1/2014 and is being delayed intentionally. The injury of Rajan Lal is simple in nature and the statement of Dr. Ajai Gopal has not been been recorded by the concerned I.O. under Sec. 161 Cr.P.C.