HANUMAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By an order dated 6.8.2007 and 22.8.2007, Additional Sessions Judge (Fast Track), Parbatsar rejected applications preferred by the petitioner under Section 311 and Section 91 Cr.P.C., hence these petitions under Section 397 read with 401 Cr.P.C. are preferred.

(2.) The factual matrix necessary to be noticed is that at the instance of the petitioner a criminal case contemplating offences under Sections 323, 341,307/34 IPC was registered at police station Makrana with the allegation that on 11.12.2006 Devaram, Omaram and Sewaram gave a hit by jeep to the motorcycle on which complainant Bhuraram, Hanumanram and Ratnaram were riding and on falling down they were assaulted by the accused persons. As a consequent to death of Ratnaram the investigating agency after due investigation submitted challan before the competent magistrate for the offences under Sections 302, 307, 323 and 341/34 IPC. The case was committed to the trial court, charges were framed and the statements of the prosecution witnesses were recorded.

(3.) Statements of one Dr.B.S.Dutta PW-20 were recorded on 21.7.2007 wherein he stated that Ratnaram was under his treatment as an indoor patient in Neuro Surgical Department of Jawahar Lal Nehru (JLN) Hospital, Ajmer from 12.12.2006 to 22.12.2006. One another prosecution witness Dr.M.D.Qureshi PW-15 in his statements stated that Ratnaram was admitted to S.K.Hospital, Jaipur on 25.12.2006 and prior to that he was undergoing treatment at JLN Hospital, Ajmer. It is also pertinent to note that on 23.12.2006 MRI Scan of Ratnaram was done at Pratap Memorial Hospital and Research Centre, Ajmer by one Dr.Anju Yadav on reference made by JLN Hospital, Ajmer. MRI Lumbo Sacral Spine of injured Megharam was also conducted by Dr.Anju Yadav on 12.12.2006 on being referred by Dr. B.S.Dutta PW-20.