- (1.)Being aggrieved by the judgment and order of the Sub-Divisional Judicial Magistrate made on 3/05/1989 in G.R. Case No. 786/1979/T.R. No. 253A/82, the petitioner Niranjan Ghosh has come up with the instant petition-in-revision. The petitioner was the injured victim of the alleged occurrence of the aforesaid trial. The trial ended in acquittal of all the three accused/O.P.s of the offence under Section 326/34 of the I.P.C.
(2.)The main thrust of the petition is on the point that the trial court should have exercised powers conferred under Section 311 of the Cr. P.C. so as to summon the doctor along with the records of the hospital relating to the injuries on the person of the petitioner and also to summon the Police Investigating Officer at the trial. It has also been urged to reappreciate the evidence available on the record.
(3.)In order to appreciate the view point raised on behalf of the petitioner, it seems necessary to narrate the course of the trial, which obviously appears to be a chequered one. The trial relates to an occurrence taking place on Nov. 20, 1979 for which a charge-sheet, after an investigation, was submitted on 15-12-1981 and the accused/O.Ps. were charged of the offence under Section 326; 34 on 16-9-1982. Thereupon, the prosecution could examine as many as eight witnesses during the long course of the pendency of the trial for about six years, the last witness (P.W. 8) having been examined on 6-10-1988. The accused O.Ps were examined under Section 313 of the Cr. P.C. on 25-4-1989 and, ultimately, the impugned judgment and order was passed on 3-5-1989.
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