The court emphasized the importance of summoning essential evidence for the just decision of the case, highlighting the objective of the court to impart justice and not decide the case on technicalities.

ORDER

1. The instant miscellaneous petition has been filed by the petitioner who happens to be the complainant in Sessions Case No. 57/2014, CIS No. 195/2014 pending in the Court of Special Judge, SC/ST (POA) Act Cases, Ajmer where the application filed by the petitioner under Section 311 of Cr.P.C. has been rejected and the same has been assailed herein.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the order impugned and the other relevant papers of the charge-sheet made available on record as well as the statement of Prosecution Witness-17 Dr. Bhagwati Prasad Sharma.

3. Bereft of elaborate details, the brief facts necessary for the disposal of the present petition, are that a prosecution came to be launched at the instance of the petitioner for the offence under Section 147, 148, 149, 323, 324 & 307 IPC. Before the culmination of trial, it is noticed by the complainant that the discharge ticket of the victim Barma Ram, although available on the record of the Court but the same could not be tendered into evidence because it was issued by the then Dr. Nishit Bhargav, Superintendent, Neuro Surgery Department, JLN Hospital, Ajmer and who was not projected as a prosecution witness. As per the record of the case, a fracture on left temporal bone of the victim Barma Ram was found in a CT Scan test. On the basis of the Radiological report, the opinion regarding nature of injury was given by the Medical Jurist, PW-17 Dr. Bhagwati Prasad Sharma.

4. Indisputably, the opinion of medical jurist is totally based upon the summary of CT Scan mentioned on the discharge ticket, therefore, the discharge ticket would be an important piece of evidence and tendering the same into evidence would surely be essential for the just decision of the case.

5. Thus, this Court is of the considered view that before culmination or final decision of the trial, if any evidence appears to be essential for the just decision of the case, that can be summoned, if the witness is not examined then he may be called or if the witness has already been examined then he may be recalled.

6. Since, the object of the Court is to impart justice and certainly not to decide the case on technicalities. Even in appeal, the identical provision has contained in Section 391 of Cr.P.C, thus, it can be understood that the evidence of vital importance can be taken on record even during the course of hearing of appeal.

7. In this view of the matter, I am inclined to allow the application and deem it appropriate to permit the document, the discharge ticket, to be tendered into evidence.

8. Accordingly, the instant miscellaneous petition is allowed.

9. The order dated 15.11.2021 passed by learned Special Judge, SC/ST (POA) Act Cases, Ajmer in Sessions Case No. 57/2014, CIS No. 195/2014 titled as State v. Bhag Chand and Ors. is hereby quashed and set aside and the learned Trial Judge is directed to allow the prosecution party to tender the discharge ticket in evidence and for that purpose witness Dr. Nishit Bhargav, the then Superintendent, Neuro Surgery Department, JLN Hospital, Ajmer shall be summoned to adduce the evidence on behalf of the prosecution.

10. The stay application stands disposed of.