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2023 Supreme(Raj) 1531
RAJASTHAN HIGH COURT
Farjand Ali, J.
Dharampal & Ors. - Appellants
Versus
State of Rajasthan, Through PP & Ors. - Respondents
S.B. Criminal Misc(Pet.) No. 795 of 2023 Connected with S.B. Criminal Misc(Pet.) No. 2519 of 2023
Decided On : 11-05-2023
Mr. Rakesh Matoria, Advocate, for the Appellant; Mr. Mukesh Trivedi, PP and Mr. Rajendra Choudhary, Advocate, for the Respondent. Mr. Vijay Kumar, Police Inspector, P.S. Pilibanga, Hanumangarh, Present-in-Person.
In criminal investigations, conflicting medical opinions require resolution through a Medical Board to ensure accurate findings and uphold justice.
Headnote:
Medical Examination - Criminal Procedure - FIR No.346/2022 - The court emphasized the necessity of a Medical Board's examination to resolve conflicting medical opinions regarding the nature of injuries sustained by the complainant, ensuring a fair investigation.
Fact of the Case:
The complainant sustained injuries deemed dangerous to life, but a subsequent medical opinion classified them as simple. This led to a corruption case against the doctor and conflicting medical reports necessitating further examination.
Finding of the Court:
The court found that the conflicting medical opinions created ambiguity, warranting a new examination by a Medical Board to ascertain the truth and ensure a fair investigation.
Issues: Whether the conflicting medical opinions necessitate a further examination by a Medical Board to clarify the nature of the complainant's injuries.
Ratio Decidendi: The court held that in cases of conflicting medical reports, a further examination by a Medical Board is essential to ascertain the truth and uphold the integrity of the investigation.
Result: The orders of the lower courts were quashed, and a Medical Board was to be constituted for further examination.
Certainly. Based on the provided legal document, here are the key points:
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The court emphasized the importance of resolving conflicting medical opinions in criminal investigations through the appointment of a Medical Board to ensure accurate findings and justice (!) (!) .
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The case involved a victim who initially sustained injuries classified as dangerous to life, but subsequent medical opinions contradicted this, labeling the injuries as simple, leading to conflicting reports and a corruption case against the examining doctor (!) (!) .
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The conflicting medical reports created ambiguity regarding the nature of the injuries, prompting the court to order a new examination by a Medical Board to clarify the facts and uphold the integrity of the investigation (!) (!) .
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The orders of the lower courts denying the Medical Board examination were quashed, and directions were issued to the authorities to constitute a Medical Board within 10 days, ensuring the complainant's presence for the examination (!) .
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The court underscored that the investigation's primary goal is to uncover the truth, and in cases of conflicting medical opinions, a Medical Board's examination is essential for a fair and accurate determination of the injury's nature (!) .
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The court directed the Superintendent of Police to ensure the complainant's availability for the Medical Board examination and authorized coercive measures if necessary to facilitate a fair process (!) .
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The petitions filed by both the accused and the State were allowed, leading to the quashing of the previous orders and the issuance of new directions for medical examination (!) .
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The court also disposed of stay petitions, ensuring that the process for the Medical Board examination proceeds without delay (!) .
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ORDER
1. The Investigating Officer is present in person before this Court along with the case diary of FIR No.346/2022 of P.S. Pilibanga. He apprised to this Court that when the complainant Rajat Kumar was examined by the Medical Officer, it was opined by him that the injuries sustained by the complainant were dangerous to life.
2. Subsequent to this, when the accused of this FIR approached the concerned Medical Officer seeking explanation regarding the nature of injury, the opinion for which had already been given by him; the Doctor unashamedly and contrary to his first opinion, gave a second opinion for the same injury to be simple in nature. The act of the doctor made a hue and cry in between the parties as well as the Investigating Agency and in this meantime, a case under the prevention of corruption Act got lodged against him and he was caught red handed while taking illegal gratification from the accused of this case. In the matter pertaining to prevention of corruption, the Doctor has been charge-sheeted.
3. In this view of the matter since there were two contrary reports on record, with a view to wipe out the ambiguous situation, the superior Officers deemed it appropriate to get examination of the victim Rajat Kumar again by a duly constituted Medical Board. An application on behalf of the accused Dharam Pal was also submitted in this regard. Both the applications were rejected by learned ACJM, Pilibhanga vide order date 21.10.2022.
4. Aggrieved by the aforesaid order, the State of Rajasthan as well as the accused preferred a revision petition, however, both the petitions have been rejected by a common order dated 21.01.2023 by the Additional Sessions Judge No.2, Hanumangarh which is under assail before this Court.
5. These criminal misc. petitions, one at the instance of accused and the other at the instance of State, have been preferred against the aforesaid orders passed by the courts below.
6. Heard learned counsel for the parties.
7. The very purpose of conducting investigation in a criminal matter is to find out or to elicit truth behind the curtain as well as to examine or make necessary probe with regard to genuineness and truthfulness of the allegation levelled in the FIR and this is a task for which alone Investigating Agency has been formed besides crime prevention. When an ambiguous situation and two conflicting reports with regard to the nature of injury of a same person has come on record then in such situation, for elucidation of the truth of the report, a further report by a duly constituted Medical Board, in my considered view, is a must to be prepared.
8. In view of this matter, the order dated 21.01.2023 passed by learned Additional Sessions Judge No.2, Hanumangarh in Criminal Revision and the order dated 21.10.2022 passed by learned Additional Chief Judicial Magistrate, Pilibanga in connection with the FIR No. 346/2022 are hereby quashed and set aside. The superintendent of Police, Hanumangarh is directed to make suitable application before the District Magistrate, Hanumangarh to constitute a Medical Board after consultation with the Principle Medical Officer, Government Hospital, Pilibanga within a period of 10 days from today. It shall be the duty of the Superintendent of Police to ensure the presence and availability of the complainant injured on the date fixed for the examination by the Medical Board. If any lame excuses are taken, the Superintendent of Police shall be at liberty to take coercive steps against him so as to ensure fair examination within prescribed time.
9. Shri Rajendra Choudhary, learned counsel for the complainant - victim, assures this Court that on the date fixed for the Medical Examination, the complainant would make himself available.
10. Both the Misc. petitions are allowed in the above terms.
11. Stay petitions also stand disposed of.
