1. - An extremely important question has been raised in this appeal as to whether an opinion can be given, and evidence tendered, on the basis of a letter written by one Doctor to another, when the doctor writing the letter has himself neither examined the injured nor performed the operation ?

2. The accused appellant preferred-this appeal challenging the conviction and sentence passed against him by Sessions Judge, Sawaimadhopur, dated 29-8-86, who convicted him for offence under Section 307 I.P.C. sentenced to 7 years rigorous imprisonment and a fine of Rs. 1,000/-in default of payment of fine, appellant has been ordered to under go further imprisonment for one year. Out of the fine imposed Rs. 500/- have been ordered to be paid to injured Rameshchand.

3. Prosecution case started with the FIR, Ex. P. 4-A, lodged by one Shri Chotelal PW 2. Who stated in the report that at 0.32 hours he was informed by shri Kishan Petiwala PW 4 that Ramesh Petiwala was carrying a box belonging to driver, of Train 206 Down, to running shed, when he reached near the steam engioe metre guage yeard, Mansingh NAC and Rameshchand suddenly started fighting. Mansingh inflicted an injury on the stoma