IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40662 of 2010 MD. ASIF @ CHENGO & ORS Versus STATE OF BIHAR ----------- For the Petitioners: Shri Shakeel Ahmad Khan, Sr. Advocate For the State : Shri Dashrath Mehta, APP -------------- 2/ 12.1.2011 Heard learned counsel for the parties. The order dated 23.8.2010 passed by the learned S.D.J.M., Khagaria in G.R. No. 599 of 2009 is sought to be quashed, not in its entirety but, in part, as it relates to the opinion of the doctor regarding the deprivation of the vision of the eye of the injured Ahsan. The learned magistrate has mentioned in the operative part of the order that the opinion of the doctor was that on account of the assault given to the said Ahsan, the vision of his eyes may be impaired. The court wants to point out that when any order is passed or a finding is recorded on the basis of any expert opinion, then it has always to be definite in nature. If the opinion itself is not definite and could be said to be quite uncertain in terms of medical science or other sciences, the report which could be admitted under section 45 of the Evidence Act, then there could not be any definite finding on either framing of a charge or recording a finding of guilt subsequently. If the doctor was pointing out that the vision may be impaired, then he was definitely indicating as to what could be happening in future and, therefore, he was not expressing his 2 opinion that something had happened inasmuch as the injured was deprived of the vision of his eyes. This was how the opinion of the doctor was recorded by the magistrate in his order, then it could never have been sufficient material for framing of the charge under section 326 of the Indian Penal Code. The order to that extent appears not sustainable. As regards other part of the order on framing of the charges against the accused persons under different sections of the Penal Code, that remains intact as was passed by the learned magistrate. The petition succeeds in part as indicated above and the order impugned is accordingly modified. Anil/ ( Dharnidhar Jha, J.)