ARJUN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner complainant has challenged the order dated 14.7.2005 passed by Additional Sessions Judge (Fast Track), Nagaur (for short 'the trial court' hereinafter) in Sessions Case No. 20/2005 whereby the trial court dismissed the application filed by the petitioner under Section 311 Cr.P.C.

(2.) I have heard learned counsel for the parties. It is contended by learned counsel for the petitioner that the trial court fell in error in not summoning two material witnesses who examined and treated the petitioner complainant for the injuries caused to him by the accused non-petitioner. These material witnesses are Professor Dr. T:C. Jain of Sawal Mansing Hospital, Jaipur and Dr. C.P. Swarnkar of Mathura Das Mathur Hospital, Jodhpur.

(3.) Learned counsel appearing for the accused non-petitioner submits that these witnesses have not been cited in the list of witness by the prosecution and therefore, they cannot be summoned or called to prove the investigation carried out by them. Learned counsel has relied on decisions of this Court in Ganpat Ram v. The State of Rajasthan1992 Cr.L.R. (Raj.) 602 Hanuman Ram v. State of .(Para 3) Rajasthan and Ors.2001 Western Law Cases (Raj.) UC, 621. and in Kailash v. State of Rajasthan and Ors.S.B. Criminal Revision Petition No. 436/03