STATE Vs. BACHAN DASS

JUDGEMENT

(1.) This is a revision petition against the Order dated 28.09.2007 passed by the Chief Judicial Magistrate, Chandigarh, whereby, the application filed by the Union Territory, Chandigarh under Section 311 Cr.P.C has been declined.

(2.) The present case involves a road accident on 03.05.2000 between a scooter and a passenger bus of Himachal Pradesh Roadways near Transport Light Point, Industrial Area, Phase-I, Chandigarh, in which, the driver of the scooter sustained serious injuries and later lost his life. The case was registered vide FIR No. 91 dated 03.05.2000 at Police Station Industrial Area, Chandigarh under Sections 279 and 337 IPC. After the death of the driver of the scooter, namely, Amarjeet Singh s/o Harman Singh, Section 304-A was also added. The final report was prepared on 11.07.2000 and the case was put up in the Court on 17.08.2000. The State gave a list of 16 witnesses to support the prosecution case. Amongst the witnesses, cited by the prosecution, Dr. Rishi Tondon of Government Medical College and Hospital, Sector 32, Chandigarh, who is an official witness, as he conducted the Post Mortem Examination of the deceased Amarjeet Singh vide PMR No. 24/RT/2000 was also the witness. The prosecution evidence was complete except that Dr. Rishi Tondon could not be examined. As per information received on summons issued to Dr. Rishi Tondon, he was reported to have gone abroad. As such, the State moved an application dated 28.09.2007 under Section 311 Cr.P.C before the Chief Judicial Magistrate, Chandigarh praying that since Dr. Rishi Tondon, as aforesaid, has gone abroad and it cannot be said as to when he will come back, therefore, summons be issued to Medical Superintendent, GMCH, Sector 32, Chandigarh to depute some Doctor/Medical Officer well conversant with the handwriting and signatures of Dr. Rishi Tondon along with relevant record i.e. PMR No. 24/RT/2000 to depose before the trial Court and to prove the PMR issued by Dr. Rishi Tondon. The said application was, however, dismissed vide Order dated 28.09.2007 passed by the Chief Judicial Magistrate, Chandigarh.

(3.) Aggrieved with the same, the present revision petition has been filed. The said revision petition is vehemently opposed by the learned counsel for the respondent on the ground that in case, the petitioner is allowed to examine another doctor to prove the postmortem report of the deceased, the right to cross examine the doctor/witness on the point of cause of death shall be defeated.