J.B.GARG, J. - (1.) JASPAL Singh a Medical Officer of P.C.M.S. Class-II, District Patiala has moved the present petition under Section 482 of the Code of Criminal Procedure praying that the adverse observations made by Shri S.S. Tiwana, Additional Sessions Judge, Patiala, while delivering judgment in the case arising out of FIR No. 20 dated 12-6-1985 of Police Station, Julkan for offences under Sections 307/323 read with Sections 148 and 149 of the Indian Penal Code, on 22-9-1988 be expunged.
(2.) THE strictures recorded by the Additional Sessions Judge, Patiala in the aforesaid judgment, which find mention in para No. 7 of the present petition, are reproduced hereunder :- "The conduct of Dr. Jaspal Singh has, therefore, to be outrightly deprecated as unbecoming to a noble profession." "And the medical evidence on record shows that a lot of bungling was done by Dr. Jaspal Singh (PW-2) who conducted medical legal examinations of the injured to make out a case that the three injured sustained firearms injuries..." There were as many as 22 accused in this case. The cause or motive for the occurrence appears to be that the accused wanted to divert the flow of water towards the lower level in the vicinity but it affected the house of Gurdev Singh and for this purpose the accused were removing the brick pavment in the street Inter-alia, the version of prosecution was that Ujagar Singh fired a shot from his gun which hit Jaswant Singh on his left arm, left leg and thigh. Bhagwan Singh fired a shot with his gun which hit Harnek Singh on his leg and thigh and another shot by the same assailant hit Gurdev Kaur on her leg. During investigation when the accused were arrested on 16-6-1985 licensed guns were recovered from Ujagar Singh and Bhagwan Singh. it appears that the fire arms, though recovered, were never got examined from a ballistic expert. However, no wads or pellets were seized from the place of occurrence during investigation.
(3.) THERE is very important piece of evidence which naturally prompted the petitioner-Medical Officer to record that injuries could result from a fire arm inasmuch as PW 1 Dr. Gandarn Singh, Radiologist of Rajindra Hospital, Patiala, who conducted the X-ray examination of the injured persons had specifically observed that there were dense radio opaque foreign body resembling pellets as per X-ray examination reports Ex. PA, PB and PC which were recorded by him. These observations of this Radiologist relate to Jaswant Singh, Hakam Singh and Gurdev Kaur the three injured, of which a detailed mention finds in para No. 5 of the judgment of the trial Court.;