U/s 325 ipc
Mrs Renu
(Querist) 18 October 2013
This query is : Resolved
Dear Sir,
I shall be very thankful to you if you pl pass us your expert advice as this time I have no hope how to come out from this trauma and how a person can get acquittal, as he has done no crime at all.
Our case was u/s 325.In the Trial due to the negligence of our own lawyer she has not crossed examined , Doctor has not turned up for cross examination despite of 3 reminders to him. Only Hospital clerk came and identified signature of only one doctor and not of other doctor. X plate also not exhibited. By mere seeing the work grievous hurt MM convicted the accused. Police IO stated that he has not seen any bricks at the spot of incident not there is any seziure of object nor any public witness.
Applied for appeal we had submitted two judgments of Bombay High court and of Chandigarh High court where the accused was acquitted only on one point that Doctor has not been cross examined. ADJ has not taken into consideration those verdicts of High court and dismissed the appeal . He has not granted interim bail. He has not granted probation to him and took him into custody.
Now my query is:-
ADJ has done discrimination and it is infringe of Rights .
On what grounds he has not taken into account those two judgments similiar to our case but acquittal has been granted to petitioner.
How judge himself can do the work of Doctor.
His knowledge is not updated ADJ is not aware of the latest decisions of High courts and amendments. There is latest amendment on section 325 and High court of Delhi passed its judgment on the basis of that. "Grievous hurt is that where the part of the body is to be changed Pivotal of body part or it has continuous pain for 20 days. Crl Rev P 222/2010
Here is our case on MLC paitient not having any bleeding not unconscious, simple pain killer, bandage, no advice for further examination or any other xray. Wrote dislocation. As per orthopaedic advice dislocation means severe pain on that joint, it needs plaster for 3-4 weeks and after that xray.
Complainant stated in his statement that a brick thrown on him and his middle finger got injured. A brick would only injured one and only one finger? On MLC it is stated that there is a cut of 0.5 mm on middle finger and nimbness on index finger. X ray is showing dislocation of middle finger.
Without getting any clarification on these vital noting of doctor and radiologist how Judges are presumed that it is grevious hurt and put the person into custody.
So as per our own little mind both the judges have done discrimination and without getting the expert advice and cross examination of doctor they have concluded the case & put a social stigma on an innocent person. They both have shown inhuminity by not granting interim bail and probation to a Sr.Citizen of 63 years old.
This person is fighting a case for the last 20 years.
A self driven injury by a crocked person gave mental tension, social stigma, loss of money , On what grounds such people can be booked ?
If we approach to HC can we be able to get the acquittal on the negligence & injustice done by both the judges > Is there is no provision that HC can question those judges who are passing their judgments without applying their mind.
Thanking you,
Devajyoti Barman
(Expert) 18 October 2013
We can not predict the outcome of a appeal. You can challenge the order of ADJ in the HC.
The decision of HC or SC has no blanket applicability and the court has every right to distinguish the same in the peculiar facts and circumstances of the same.
You have repeated the query with little modification which is not encouraged here.
Rajendra K Goyal
(Expert) 23 October 2013
Agree with the expert Devajyoti Barman ji. Please refer:
http://www.lawyersclubindia.com/experts/Negligiance-of-our-lawyer-now-it-is-final-hearing--337181.asp#.UmfHZRCLq_I
http://www.lawyersclubindia.com/experts/Challenge-mlc-medical-report--409406.asp#.UmfH0xCLq_J
Sudhir Kumar, Advocate
(Expert) 05 September 2014
repeated
http://www.lawyersclubindia.com/experts/u-s-325-IPC-429061.asp
