HANUMAN SAINI Vs. STATE AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed with a prayer to constitute a medical board in FIR No. 24/94 - P.S. Kotputli, District-Jaipur. The submission of the learned counsel for the petitioner is that the various injury report and the x-ray report which are available on record cumulatively show that the injuries are sufficient to cause the death. The medical officer has not examined this matter from this angle. In the F.I.R. it is mentioned that the injuries were caused with intention to kill the injured persons. The Medical Officer has not considered this aspect of the matter and has not given any opinion on the point as to whether the injuries were sufficient to cause the death. The arguments of the learned counsel for the petitioner as well as the learned PP have been heard. In view of the fact which has been stated by the learned counsel for the petitioner, it is directed that a Medical Board be constituted which may examine the injury report and the x-ray report and on the basis of those reports only the Board could give its observation as to whether the injuries caused were sufficient to cause the death or not. The report will be taken on record. This matter relates to Prahlad, Suresh, Hanuman and Smt. Kamla.

(2.) The writ petition stands disposed of in accordance with the direction given above.