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2014 DIGILAW 1369 (RAJ)

Shyam Singh v. State of Rajasthan

2014-07-09

BANWARI LAL SHARMA

body2014
JUDGMENT 1. - Petitioner-complainant Shyam Singh has assailed the order of the learned Sessions Judge dated 11.10.2012 by which the learned Trial Court dismissed the application filed by the learned Public Prosecutor under Section 311 Criminal Procedure Code for summoning Dr. K.L. Mandora as prosecution witness, to prove the CT-Scan Reports. 2. Notice of this miscellaneous petition were issued to the respondents. 3. The learned Counsel for the petitioner has submitted that to prove the CT-Scan Reports, it is necessary for the prosecution to examine Dr. K.L. Mandora who prepared the said reports, wherein grievous head injury was shown to injured Bhawani Singh and thus the application was wrongly dismissed by the learned Sessions Judge, Pali, by the impugned order. 4. The learned Counsel for the respondents Nos. 2 to 4, while opposing this miscellaneous petition, submitted on instructions that he does not dispute the fact regarding admissibility of the CT-Scan Reports on the assertion that it has already been exhibited as Ex. P-17 and Ex. P-18 by the learned Trial Court and as such the same shall be read over during Trial by the Trial Court. Hence, there is no need to summon Dr. K.L. Mandora. 5. Heard. 6. Since the learned Counsel for the respondents Nos. 2 to 4 accused does not dispute the admissibility of the CT-Scan Reports in the above terms therefore, there is no need to summon Dr. K.L. Mandora as prosecution witness. Hence, this miscellaneous petition stands disposed of in the above terms.Petition Disposed Of. *******