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Ram Autar And Others v. State Of U.P. - CRIMINAL APPEAL No. 1795 of 2007  RD-AH 5235 (23 March 2007)
Hon'ble R.C. Deepak,J.
Hon'ble K.N. Ojha,J.
Objection filed by the State, be taken on record.
Heard Sri G.P. Dixit, learned counsel for the appellants-accused, learned A.G.A. for the State and perused the objection and the impugned judgment.
It is contended by the learned counsel for the appellants-accused that there is substantial contradiction in the injury report of deceased Ranveer Singh while prepare during his life time and the postmortem examination report. The occurrence is said to have taken place in the night and there was none to witness the actual occurrence.
On the other hand learned A.G.A. submits that the Dr. Hanuman Singh examined the injuries on the person of the deceased while alive and he noticed seventeen injuries thereon but Dr. Balveer Singh conducting the autopsy on the body noticed only seven injuries and Shyam Singh suffered injuries. The statement of the deceased was taken down by the Investigating Officer who named the accused showing their involvement in causing him injuries. The act and conduct of Dr. Balveer Singh does not appear proper and impartial so far as this case is concerned.
Learned A.G.A. was granted three days' time to inquire the posting of Dr. Balveer Singh and he submits that he has communicated the same to the authority concerned but till today he could not receive any information.
We have considered the facts and circumstances of the case and we are of the view that for fair and proper disposal of the bail application a perusal of trial court record is necessarily required.
Consequently, the appeal is admitted.
Office is directed to summon the trial court record within six weeks.
List on 5th July, 2007.
The prayer for bail of the appellants-accused Ram Chandra shall be considered after the receipt of the trial court record.
Learned A.G.A. shall ensure the whereabouts/posting of Dr. Balveer Singh and submit the report in regard to it within three weeks.
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