TARA CHAND AND ORS. Vs. STATE

JUDGEMENT

(1.) This is a petition under Sec. 482, Crimial P.C. challenging the order of the learned trial Court dated 16.9.1992 whereby Dr. S.K. Pathak was summoned to give evidence by it.

(2.) It appears that the petitioners are being tried for offence under Sec. 302 & 302/34, IPC. Charges were framed on 29.1.1990. Accused-petitioners pleaded not guilty and claimed trial. The prosecution commenced its evidence on 21.2.1990 and examined PW 1-Babulal, PW 2- Ratanlal, PW 3-Ramu, PW-4 Sita Ram, PW 5-Rajendra alies Modia, PW 6-Hansraj, PW 7-Bansilal, PW 8-Bansilal s/o Mahadev, PW 9-Kailash Chand Sharma, PW 10-Kishanlal, PW 11-Sardar Singh, PW 12-Sitaram, PW 13-Pappu, PW 14-Nand Kishore, PW 15-Bhagwana Ram. PW 16-Krishna Kumar, PW 17- Roop Singh, PW 18-Dr. Shivratan Kochar. Statement of Dr. Shivratan Kochar was recorded on 5.1.1991. The investigating officer (Nath Singh, Cl) was examined on 27.2.1991. Thereafter, statements of accused persons were recorded under Sec. 313, Crimial P.C. They did not lead any defence and the matter was finally heard. The case was posted for judgment.

(3.) On 16.9.92, the learned trial court summoned Dr. S.K. Pathak and started recording his statement on the question of time for which Amar Singh alias Baba deceased, could have lived after he had received injuries described in post mortem report (Ex.P. 17). This was objected to on behalf on the accused-petitioners on the ground that Dr. Shivratan Kochar had already been examined as he had conducted post mortem examination. Dr. S.K. Pathak was not cited as prosecution witness. The learned trial Court dis- allowed the objection and observed, that this was a material question as to for what period the deceased had remained conscious after receiving injuries mentioned in post mortem report. (Ex.P. 17).