DALJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of the order dated 08.11.2017 passed by the Judge, Special Court, Faridkot, dismissing the application filed by the petitioner-accused under Section 233 (3) Cr.P.C. for examination of a hand-writing expert in defence evidence to prove that the signatures of PW5 SI Shinderpal Singh are fake.

(2.) On 20.11.2017, following order was passed by this Court: - "..Counsel for the petitioner submits that when this witness was examined as PW5, he has signed in the Court and the petitioner has moved an application for the examination of his signatures/handwriting on memo Ex.P1, Special Report Ex.PW3/A, application for inventory Ex.PW5/A, ruqa Ex.PB and endorsement Ex.PE/1 with the signatures appended by this witness in the Court. Counsel for the petitioner further submits that right to lead defence evidence is important right to plead the innocence of an accused person and the trial Court has dismissed the application only on the ground that the same will delay the proceedings of the trial and the petitioner despite availing 11 opportunities, had not led any defence evidence. Counsel for the petitioner has relied upon the interim orders passed by the trial Court to show that he has already examined three defence witnesses.

(3.) Learned counsel for the petitioner submits that while leading the defence evidence, the petitioner got the signatures of PW5 SI Shinderpal Singh examined with a private hand-writing expert and as per opinion given by the hand-writing expert, the signatures did not tally and therefore, the petitioner sought the report with regard to ruqa Ex.PB, special report under Section 57 Cr.P.C. Ex.PW/A and application for inventory Ex.PW5/A, which was moved for approval of the inventory, prepared by PW5 SI Shinderpal Singh. It is further submitted that as per report of the hand-writing expert Sanjeev Sharma, the questioned signature did not tally with the standard signature of this witness and therefore, in his defence, the petitioner has moved an application for granting permission to examine Sanjeev Sharma, the hand-writing expert, who had prepared the report dated 07.09.2018. It is also submitted that the only reason for dismissing application of the petitioner is that when the cross-examination of PW5 SI Shinderpal Singh was done, no suggestion was given to him that his signature on ruqa Ex.PB, special report Ex.PW3/A do not tally with the memo Ex.P1 and the application Ex.PW5/A.