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2017 Supreme(Raj) 326

P.K.LOHRA
Gurmeet Singh S/o Tej Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Pankaj Gupta.
For the Respondent: Mr. M.S. Panwar.

ORDER :

1. Petitioner has filed this Misc. Petition under Section 482 Cr.P.C. assailing the legality and propriety of order dated 22.02.2017 passed by learned Additional District Judge, Srikaranpur, District Sriganganagar (for short ‘learned trial Court’) in Sessions Case No. 24/2011, whereby the learned trial Court has rejected the application filed by the petitioner under Section 65 of the Indian Evidence Act, 1872 (for short ‘Act of 1872’) for taking on record photostat copy of C.T. Scan Report as secondary evidence.

2. In a nutshell, facts of the case are that on 12.05.2010 during treatment, Parcha Bayan of petitioner-complainant was recorded by Police wherein he alleged that in the night of 12.05.2010 at about 4:00 AM, when he along with his father and others was irrigating the agricultural field, accused persons came there and a blow of kassi was given on his head. Upon the said Parcha Bayan, FIR No. 84/2010 came to be registered at Police Station Srikaranpur against accused persons including respondent no. 2 for offence punishable under Sections 307, 341, 323 and 34 IPC. During trial, petitioner moved an application under Section 65 of the Act of 1872 for treating zerox copy o














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