UMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal revision petition under Section 397 Cr. P.C. has been filed by the accused petitioner on 20/4/2004 against the order dtd. 5/4/2004 passed by the learned Additional Sessions Judge No. 3, Jodhpur in Criminal Appeal No. 35/2003 by which the learned additional Sessions Judge rejected the application filed by the petitioner under Section 391 Cr. P.C.

(2.) It arises in the following circumstances

(3.) In this revision petition, the main submission of the learned counsel for the accused petitioner is that as per entry No. 1888 mentioned in OPD register dtd. 20-1-1998 of M.G. Hospital, it is very much clear that the deceased was got admitted in the hospital by the accused petitioner and not by P.W.2 Kailash and P.W.3 Rameshwar and the name of the deceased was initially shown as unknown, but later on his name was entered as Chhotu Singh and he was admitted and thus, they were not the eye witnesses and for proving this fact, production of this document is very much material and hence the impugned order dtd. 5-4-2004 by which application under Section 391 Cr. P.C. was rejected is liable to be set aside and this revision petition deserves to be allowed.