POOJA SINGH Vs. DASHRATH SINGH

JUDGEMENT

(1.) The present revision is filed under Sec. 397 r/w 401 Cr.P.C. being aggrieved by the impugned order dtd. 29/12/2023 passed by VIII ASJ and Special Judge (O.A.W.), Indore in S.T.No. 478/2018 whereby the court below has dismissed the petitioner's application under Sec. 311 Cr.P.C. for re-examination of material witnesses i.e. Dr. Rajni Joshi (PW-1), Dr. Vaidhya Prakash (PW-6) and Dr. Ashok Thakur (PW-7) to prove the contents of their medial reports.

(2.) It is argued that the statement of aforesaid medical witnesses do not clearly describe the injuries suffered by the petitioner whereas it was necessary for the prosecution to get the statements of the said medical witnesses carefully and they have not described the injuries suffered by the petitioner. In support of his submission, he has placed reliance on the judgment passed by this Court in the case of Nahadariya Vs. State of Madhya Pradesh, 1980 JabLJ 501 and also the judgment passed by the Apex Court in the case of Madan Gopal Kakkad Vs. Naval Dubey (Criminal Appeal No. 447/1998) dtd. 29/4/1992.

(3.) Counsel for the respondent/State supports the order impugned and submits that trial court has rightly rejected the application under Sec. 311 Cr.P.C.