Suman vs State of U. P. - 2023 Supreme(All) 78

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 78

UMESH CHANDRA SHARMA
Suman – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Revisionist : Pankaj Kumar Shukla
For the Opposite Party : Devesh Kumar Sharma.

JUDGMENT :

[Umesh Chandra Sharma, J.]

1. This criminal revision has been instituted by the revisionist to set aside the order dated 31st May, 2022 passed by A.S.J-VI, Mathura in S.T. No. 433 of 2012 (Smt. Suman Vs. Krishna Murari & Ors.) under Sections 323, 325, 504, 506 I.P.C. Police Station Vrindaban, District Mathura, by which the Trial Court has rejected the application 136-B by the informant under Section 311 Cr.P.C.

2. In brief facts of the case are that the aforementioned Sessions Trial is pending in the Court of A.S.J-VI, Mathura, in which the informant moved an application 136-B that injured Rajan Lal was examined on 03rd July, 2009 in Swarna Jayanti Community Hospital. Medical report 4-A/17 is on record, he was examined by Dr. Ajai Gopal, during the medical examination Mild Subarachnoid Hemorrhage was found on the head and he was carried out in unconscious position/stage to the hospital therefore the statement of concerned doctor is necessary. Hence, Dr. Ajai Gopal be summoned as witness. The concerned I.O. has not arrayed him as witness, therefore Dr. Ajai Gopal be summoned under Section 311 Cr.P.C.

3. Learned counsel for the accused had vehemently opposed the applicatio