MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing of order dated 9.10.2016 (Annexure P/3) passed by learned Additional Sessions Judge, Sonepat, whereby application of the petitioner under Section 311 Cr.P.C. for summoning of medical evidence and concerned doctor was dismissed.

(2.) Learned counsel for the petitioner contended that the occurrence had taken place and both the parties had got recorded their version and cross-version vide FIR No. 232 dated 21.06.2012 under Sections 323, 506 and 34 IPC and subsequently, Sections 307 and 326 IPC were added on the basis of investigation and medical evidence. Petitioner, Mahender Singh had sustained number of injuries at the hands of the accused persons. The petitioner had moved application for summoning of documents to produce medical evidence in order to prove the nature of injuries. The other injured, Krishan had suffered spinal fracture at the hands of the complainant party, but under the influence of accused party, neither the prosecution collected the evidence regarding the grievous nature of injury suffered by the injured (Krishan) nor the medical authority of BPS, Khanpur supplied the report to the investigating agency.

(3.) Learned counsel for the petitioner also contended that petitioner was initially admitted at Civil Hospital, BPS Khanpur and then he was referred to AIIMS, Delhi where he remained under treatment from 18.06.2012 to 19.07.2012 as an outdoor patient and from 12.01.2013 to 20.1.2013 as indoor patient. To lead that evidence, the petitioner moved application under Section 311 Cr.P.C., but that application was dismissed by learned Additional Sessions Judge vide order dated 19.10.2016 (Annexure P/3).