HARI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Crl. Revision against the order dated 8.1.2000 of Additional Chief Judicial Magistrate, Rewari whereby he refused permission to the prosecution to prove report of Dr. Piyush Malik who radiologically examined the injured.

(2.) SHISH Pal, Ranbir Singh and Dalip Singh are facing trial in case FIR No. 169 dated 23.7.1993 under Sections 326/323/34 IPC as PS Jatusana for having caused grievous/simple injuries to Hari Ram etc. in furtherance of their common intention which was to cause grievous/simple injuries to them with sharp weapons. Dr. Piyush Malik who radiologically examined, Hari Ram could not be produced because he was reported to have gone abroad and his whereabouts were not known. On 19.8.1999, one PW was present and examined. On 11.11.1999, two PWs were present and examined. No other PW was presented or served. Case was adjourned to 10.12.1999 in the interest of justice. On 10.12.1999, no evidence of the prosecution was present or served. On behalf of the prosecution, it was stated that Dr. Piyush Malik had gone abroad and his whereabouts were not known. On the request of the prosecution that one more last opportunity be given to the prosecution to prove the report as to the radiological examination of the injured by Dr. Piyush Malik, the prosecution was given one opportunity. It was mentioned that it would be last opportunity. On 10.12.1999, in the interest of justice, one more opportunity was given to the prosecution and the case was posted to 8.1.2000 for the evidence of the prosecution. It was mentioned that it would be last opportunity to the prosecution. On 8.1.2000, Additional Chief Judicial Magistrate, Rewari closed the prosecution evidence and refused to grant further opportunity to the prosecution to produce its evidence and recorded the statements of the accused under Section 313 Cr.P.C. and posted the case for defence evidence.

(3.) SHRI Hawa Singh Hooda, Senior Advocate, on the other hand, submitted that the State has not come up in revision against this order and Hari Ram has come up in revision. Revision by Hari Ram is not competent.