MANOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner who happens to be the complainant in Sessions Case No. 57/2014, CIS No. 195/2014 pending in the Court of Special Judge, SC/ST (POA) Act Cases, Ajmer where the application filed by the petitioner under Sec. 311 of Cr.P.C. has been rejected and the same has been assailed herein.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the order impugned and the other relevant papers of the charge-sheet made available on record as well as the statement of Prosecution Witness-17 Dr. Bhagwati Prasad Sharma.

(3.) Bereft of elaborate details, the brief facts necessary for the disposal of the present petition, are that a prosecution came to be launched at the instance of the petitioner for the offence under Sec. 147, 148, 149, 323, 324 and 307 IPC. Before the culmination of trial, it is noticed by the complainant that the discharge ticket of the victim Barma Ram, although available on the record of the Court but the same could not be tendered into evidence because it was issued by the then Dr. Nishit Bhargav, Superintendent, Neuro Surgery Department, JLN Hospital, Ajmer and who was not projected as a prosecution witness. As per the record of the case, a fracture on left temporal bone of the victim Barma Ram was found in a CT Scan test. On the basis of the Radiological report, the opinion regarding nature of injury was given by the Medical Jurist, PW-17 Dr. Bhagwati Prasad Sharma.