- (1.)Heard the learned counsel for the petitioner and the learned counsel for the State.
(2.)The petitioner has filed this revision application against the order dated 29.06.2012 passed by Additional Sessions Judge-I, Hazaribagh in S.T. No. 303/2009 arising out of Barkakana (Rail) P.S. Case No. 13/2005 corresponding to G.R. Case No. 501 of 2005 whereby the petition dated 16.06.2012 filed by the petitioner (accused) for issuance of summons against the Dr. S. Haldhar (D.M.O.) Railway Hospital, Patratu, district Ramgarh and also to produce the statement of the deceased Arti Devi, wife of the accused Basant Mandal recorded on 10.3.2005 for ends of justice, was rejected.
(3.)The learned counsel for the petitioner has submitted that Arti Devi (the deceased) was admitted in the Railway Hospital in Patratu on 10.3.2005 for her treatment and in course of her treatment, her statement was recorded by Dr. S. Haldhar and the said statement of Arti Devi is highly essential for just decision of the case and as such, the Dr. S. Haldhar, who had recorded statement of Arti Devi may be summoned as a witness and also to produce the statement of Arti Devi ( the deceased) recorded by him.