JASSU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Section 397 of the Code of Criminal Procedure (the Code) is directed against the order dated 3.12.1993 passed by the learned Additional Sessions Judge, Khetri dismissing the application moved by the petitioners under Section 311 of the Code for recalling P.W .14 Dr. Shiv Ratan Kochar with the bed-head ticket and treatment chart of Rajendra Singh (deceased), who was admitted in SMS Hospital, Jaipur on 15.11.1987 and died there on 18.11.1987. The brief facts are as under:

(2.) The applicants-petitioners are being tried in case F.I.R. No. 191/87 of Police Station Khetri by the learned Additional Sessions Judge, Khetri, who has framed a charge under Section 302 read with Section 149 I.P.C. against the applicants petitioners. The prosecution examined Dr. Shiv Ratan Kochar (P.W. 14), but during cross examination no suggestion was given to the doctor concerned to the effect that the deceased had developed cepticemia and could have been saved if he had been treated for that ailment. An application under Section 311 of the Code was moved by the petitioners stating that the record of treatment and bed-head ticket showed that the deceased had suffered from the said ailment but this fact was not brought to the notice of the Court by the prosecution and it was prayed that P.W. 14 Dr. Shiv Ratan Kochar be resummoned for further cross examination alongwith the above said record. The application was opposed and has been dismissed by the learned Trial Court vide the impugned order dated 3.12.1993 on the ground of delay and also on the ground that no such question was suggested to the doctor when he appeared in the witness box as P.W. 14. Hence, this revision petition by the petitioners.

(3.) I have heard the learned Counsel for the parties arid have also perused the impugned order.