SHAMSHER SINGH @ SHERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed to challenge the order dated 13.10.2015 passed by Additional Sessions Judge, Amritsar, whereby, the application moved by the complainant under Section 311 Cr.P.C. to place on record the report of all the X-ray examinations conducted by Navya Diagnostic Centre was allowed. On the basis of statement of complainant-Sukhwant Singh, the FIR was registered. It was stated by the complainant that the accused has caused injuries to him because of which, he remained admitted in Amandeep Hospital, Amritsar for treatment. During the course of treatment, X-ray examinations of complainant were also conducted by Navya Diagnostic Centre but the Investigating Officer did not take into possession his original X-rays just to help the accused. Subsequently, an application was moved under Section 311 Cr.P.C. for permitting the complainant to place on record the report of all the X-ray examinations, which were conducted by Navya Diagnostic Centre, near Amandeep Hospital and the same was allowed on 13.10.2015, which is subject matter of challenge in the present revision petition.

(2.) Learned counsel for the petitioner has challenged the aforesaid order on various grounds. He has contended that the evidence of the complainant was recorded in the Court on 02.07.2015 and nowhere it was stated by him that X-ray reports were produced before the Investigating Officer and the same were not taken into possession during investigation. Learned counsel also submits that Xray reports were not a part of challan filed under Section 173 Cr.P.C and there is no provision to place on record such reports at the final stage of the trial. Subsequently, these reports could even be manipulated and the application moved by the complainant has wrongly been allowed.

(3.) As per provisions of Section 311 Cr.P.C., the Court is empowered, at any stage of inquiry, trial or other proceeding, to summon any person as witness or to examine any person in attendance, who has not been summoned as witness or to recall or re-examine any person already examined if it appears to the Court that recalling or re-examination or summoning of any person is necessary for just decision of the case. Although power under Section 311 Cr.P.C. is discretionary but it depends upon the facts and circumstances of each case to reach to the conclusion that it is to the satisfaction of the Court to see that cause of justice should not suffer.