Vineet Kothari, J. - (1.) Heard learned counsels for the parties.
(2.) By the impugned order dated 27.1.2010, the learned trial Court on application filed by the complainant, namely, Dadu Ram @ Satram under Section 216, Cr.P.C. has added charge under Section 326/149 I.P.C. against the present accused-petitioners.
(3.) The accused-petitioners are under trial before the learned trial Court for the alleged offences under Sections 148, 307/149, 324, 325/149, 323/149 and 452 of I.P.C. Learned counsel for the accused-petitioners submitted that the PW-5 Dr. Mahesh Panwar in his statements recorded by the learned trial Court on 23.6.2008 had clearly opined that injury No. 1 incised wound of 5 x 3 cm x 3 cm above middle of left iliaccrest was injury of simple nature along-with injuries No. 4 but the same was caused by a sharp weapon. At the same time, the PW-17 Dr. Chetan Sharma examined by the learned trial Court on 19.6.2009 who operated the injured Duda Ram @ Satram, aged 35 on 19.9.2006, also stated in his cross-examination that what weapon was used for causing such injury could be stated only by a medical jurist and since he was not a medical jurist, therefore, no opinion was expressed by him in this regard.;