RAM PAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The matrix of the facts, culminating in the commencement, relevant for disposal of the present revision petition and emanating from the record is that, in the wake of trial, accused Vinod Kumar and others(private respondent Nos.2 to 5) were convicted and sentenced, for the commission of offence punishable under Sections 323, 324, 325 and 326 read with Section 34 IPC, by the trial Court, by virtue of judgment of conviction dated 26.04.2005 and the order of sentence dated 27.04.2005.

(2.) Aggrieved by the judgment of conviction and the order of sentence, private respondent Nos.2 to 5 filed the appeal along with an application under Sections 311, 391 read with Section 386 IPC, for summoning Dr.D.C.Thakural, for further cross-examination or in the alternative, to summon the Radiologist, to give his opinion about the grievous nature of injuries.

(3.) The Appellate Court partly accepted the application for additional evidence and summoned the Radiologist from the Department of Radiology of the P.G.I.M.S., Rohtak, as a court witness, through the medium of impugned order dated 15.07.2008.