DHARAMPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Investigating Officer is present in person before this Court along with the case diary of FIR No.346/2022 of P.S. Pilibanga. He apprised to this Court that when the complainant Rajat Kumar was examined by the Medical Officer, it was opined by him that the injuries sustained by the complainant were dangerous to life.

(2.) Subsequent to this, when the accused of this FIR approached the concerned Medical Officer seeking explanation regarding the nature of injury, the opinion for which had already been given by him; the Doctor unashamedly and contrary to his first opinion, gave a second opinion for the same injury to be simple in nature. The act of the doctor made a hue and cry in between the parties as well as the Investigating Agency and in this meantime, a case under the prevention of corruption Act got lodged against him and he was caught red handed while taking illegal gratification from the accused of this case. In the matter pertaining to prevention of corruption, the Doctor has been charge-sheeted.

(3.) In this view of the matter since there were two contrary reports on record, with a view to wipe out the ambiguous situation, the superior Officers deemed it appropriate to get examination of the victim Rajat Kumar again by a duly constituted Medical Board. An application on behalf of the accused Dharam Pal was also submitted in this regard. Both the applications were rejected by learned ACJM, Pilibhanga vide order date 21/10/2022.