RAJENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 04.06.2019 (Annexure P-1) vide which the application dated 24.01.2019 (Annexure P-3) filed under Section 311 Cr.P.C. by the petitioner/complainant for recalling PW-10 has been dismissed in FIR No. 1046 dated 16.11.2014, registered under Sections 452 , 323 , 34 , 302 (added later on) of the IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 at Police Station Sadar, District Hisar.

(2.) Brief facts of the case are that on the statement of Sujinder Singh, the aforesaid FIR was registered with the allegations that on 14.11.2011, he along with one Devender had gone to give dinner to one Vijay and when they reached at the spot, he (Vijay) was found lying on a cot bleeding profusely from his head and was having serious injuries on his hands, stomach and legs. They took Vijay to General Hospital in their car, where the docotr gave him first aid and they also informed the relatives and father of Vijay, namely Bhale Ram. Thereafter, Vijay was shifted to Sapra Hospital. The police recorded the statement of Vijay on 22.11.2014 giving the details of the incident, however, injured Vijay later on died. It is further stated in the FIR that later on, complainant came to know that four persons with covered faces had come to the liquor vend and after giving injuries, they ran away from the spot.

(3.) Learned counsel for the petitioner has argued that when PW-10 Dr. Tarun Sapra appeared as a witness, he proved the treatment chart as Ex. PCC/1 to Ex. PCC/5 and made the following statement: