High Court Punjab-Haryana High Court

Surjit Singh vs State Of Punjab And Others on 17 November, 2008

Punjab-Haryana High Court
Surjit Singh vs State Of Punjab And Others on 17 November, 2008
CRIMINAL REVISION NO.1123 OF 2007                                  :{ 1 }:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                 CHANDIGARH


                    DATE OF DECISION: November 17, 2008



             Surjit Singh

                                                             .....Petitioner

                           VERSUS

             State of Punjab and others

                                                              ....Respondents



CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?



PRESENT:            Mr. D. S. Sandhu, Advocate,
                    for the petitioner.

                    Mr. Anter Singh Brar, DAG, Punjab,
                    for respondent No.1.

                    Mr. P. S. Ahluwalia, Adovcate,
                    for respondent Nos.2 to 6.
                          ****

RANJIT SINGH, J.

The petitioner has impugned an order declining his

application under Section 311 Cr.P.C for grant of permission to lead

additional evidence. The petitioner moved an application dated

22.7.2005 for summoning the record of enquiry conducted by S.P.,

Ludhiana as well as for summoning two additional witnesses,

namely, Ram Parkash Mann and Harmesh Puri.

This FIR was lodged on the basis of a complaint made by
CRIMINAL REVISION NO.1123 OF 2007 :{ 2 }:

Surjit Singh, petitioner. Allegation is that his son was waylaid by 5 to

6 young men while he and his son were returning from fields. These

persons were carrying lathis and bats and allegedly caused several

injuries to his son. The assailants thereafter made good their escape

from the scene. The complainant suspected that Rajinder @ Jinda

and Dharampal @ Kaka were amongst the assailants and they had

assaulted his son with a motive as his son was involved in a fight with

Dharam Pal prior to the said incident. The son of the complainant

Arundeep @ Deepa succumbed to his injuries. On the basis of

investigation, 6 persons were challaned, one of them was Amrit Pal

Singh. He (Amrit Pal Singh) died and proceedings against the

remaining five accused are in progress.

In the application filed under Section 311 Cr.P.C, it is

pleaded that Amrik Singh father of Amrit Pal Singh had moved one

application on 5.11.2003 for conducting an inquiry against Ram

Parkash Mann and Dr.Harmesh Puri, Councillor, alleging that they

had handed over an amount of Rs.82,000/- to SHO Surinder Mohan

Sharma on behalf of the complainant, which the SHO had demanded

for giving clean chit to his son Amrit Pal Singh. During the course of

enquiry, statements of number of witnesses, including applicant

Amrik Singh and that of Ram Parkash Mann, Harmesh Puri, were

recorded. Plea is that Ram Parkash Mann and Harmesh Puri could

not be cited as witnesses due to inadvertence. It is accordingly

pleaded that production of enquiry report and examination of Ram

Parkash Mann and Harmesh Puri is necessary and essential for just

decision of the case and, thus, they should be summoned.

While appearing in response to the notice, the accused-

CRIMINAL REVISION NO.1123 OF 2007 :{ 3 }:

respondents have objected to the prayer made in the application.

The respondents would state that the enquiry has got no relevance

with the offences and Ram Parkash Mann and Harmesh Puri are not

the witnesses to the facts and as such, they can not give any

evidence relevant to the charge framed against the respondents.

Their statements under Section 161 Cr.P.C were not recorded and,

thus, it can not be said that enquiry or their examination is essential

for the just decision of the case.

It is noticed in the impugned order that Hawaldar

Balwinder Singh appeared and produced a photo copy of enquiry file,

which is annexed with the case file. This includes a complaint and

application dated 4.11.2003, which was registered on 5.11.2003.

This is the application which was submitted by Amrik Singh father of

Amrit Pal Singh. There is some indication available from this that

Amrit Pal Singh was picked up in connection with the present FIR

and the applicant alongwith Ram Parkash Mann and Harmesh Puri

had contacted SHO Surinder Mohan Sharma for release of his son.

Ram Parkash Mann and Harmesh Puri later told to the applicant that

SHO had demanded Rs.one lac for release of his son. As per

applicant (Amrik Singh) he had handed over a sum of Rs.65,000/- on

8.10.2003 and another sum of Rs.17,000/- on 9.10.2003 to Ram

Parkash Mann, who handed over the same to Harmesh Puri,

Councillor, who thereafter, had told the applicant that his son would

be released. The applicant has alleged that despite he having paid

the amount, his son was not released and Ram Parkash Mann,

Harmesh Puri and the SHO were demanding another sum of Rs.one

lac. The SHO had further threatened that in case the demand was
CRIMINAL REVISION NO.1123 OF 2007 :{ 4 }:

not met, his son would be involved with the aid of Section 120-B IPC.

He had subsequently filed a Criminal Writ Petition before this Court

for appointing a Warrant Officer, when Amrit Pal Singh was found

detained in the Police Station. He had, thus, prayed for action against

Ram Parkash Mann, Harmesh Puri and the SHO and also to declare

his son innocent. This complaint was enquired into by SP, Ludhiana,

who submitted his report on 21.11.2003. The finding further is that

Amrit Pal Singh was involved in the occurrence.

Additional Sessions Judge, Nawashahr, found that the

enquiry report and the other aspects of the complaint mainly

pertained to taking money by the SHO and had no concern with the

facts of the case in connection with the murder. The Court

accordingly observed that said facts can not be said to be relevant to

the case. The enquiry report may otherwise be indicating that Amrit

Pal Singh was involved in this case but since he has expired, the

finding of the enquiry report, as per the Court, would loose

significance.

I have considered the submissions made by learned

counsel for the parties. It has rightly been observed by the Trial Court

that Ram Parkash Mann and Harmesh Puri are not witnesses to the

incident which is being tried by the Court. The allegation of demand

of money by the SHO to leave one of the accused would have no

relevance for deciding the merits of the case. If permitted, it would

lead to a parallel trial.

The prayer of the prosecution to examine Ram Parkash

Mann and Harmesh Puri and so to for producing the enquiry report

which has no relevance has rightly been declined. The Court found
CRIMINAL REVISION NO.1123 OF 2007 :{ 5 }:

that there was no merit in the application and has accordingly

dismissed the same. There was no prayer made for examining or

producing any other witness than Ram Parkash Mann and Harmesh

Puri in the application moved by the prosecution. The copy of the

application is annexed with the petition as Annexure P-5 and the

prayer made is for summoning these two persons as witnesses only.

It can not be said that examination of these two witnesses and

production of enquiry report would be essential for the just decision

of the case. Nothing has been pointed out by counsel for the

petitioner, which would call for interference in the impugned order by

this Court.

Earlier when the matter was placed before another

Bench, a short order was passed by the Court and the prayer of the

petitioner for summoning the enquiry report and for summoning Ram

Parkash Mann and Harmesh Puri as witnesses was declined.

However, the prosecution was permitted to examine police officials

who recorded the statements of Harjinder Singh and Dilawar Singh

during the enquiry conducted by S.P., Headquarters, Ludhiana.

Since there was no prayer made in the application for examining

these two witnesses or for recall of these two witnesses, such a

prayer can not be considered and entertained for the first time here

before this Court. The relevancy of examining the police officials to

prove the statements of Harjinder Singh and Dilawar Singh during

this enquiry is not explained in any manner. It is also not pointed out

as to how it would be essential for the just decision of the case.

Even if these two witnesses are required to be confronted with their

previous statements, as was made out during the course of
CRIMINAL REVISION NO.1123 OF 2007 :{ 6 }:

arguments, the prayer in this regard has first to be made before the

Trial Court, which would see the relevancy of such prayer and further

if such evidence is considered essential for just decision of the case,

only then such a prayer can be considered.

I am, thus, not inclined to interfere in the impugned order

and would dismiss this revision petition.

November 17 , 2008                             ( RANJIT SINGH )
khurmi                                             JUDGE