LAWS(P&H)-2011-3-209

SHIV RAJ SINGH Vs. STATE

Decided On March 14, 2011
SHIV RAJ SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Crl. Misc. No. M-17996 of 2010, Crl. Misc. No. M-22279 of 2010 and Crl. Rev. No. 2075 of 2010 shall stand disposed of vide this common order as the impugned order dated 26.05.2010 passed by the Additional Sessions Judge, Chandigarh, in all the cases, is same.

(2.) FIR No. 321 dated 14.10.2005 under Sections 302/34 of the Indian Penal Code was registered at Police Station Civil Lines, Patiala for the murder of Shri Vijay Singh, Additional Sessions Judge, Labour Court, Chandigarh at Patiala. The case was investigated by the police at Patiala and after the investigation, challan against the accused was presented in the Court at Patiala. Thereafter, the case has been transferred to the Courts at Chandigarh under the orders of this Court for the purpose of trial.

(3.) The issue herein is that Inspector Sewa Singh P.W. 56 (now Deputy Superintendent of Police) recorded the statement of various witnesses including that of Satinder Singh Sekhon @ Channi and Harchand Singh. The prosecution is stated to have supplied statement of witnesses recorded by Inspector Sewa Singh but not those recorded by Inspector Jassa Singh. Accordingly, during the course of trial, when the case was fixed for 16.01.2010 for further cross examination of Deputy Superintendent of Police Sewa Singh, who was also the Investigating Officer, Dr. Ravdeep Kaur accused moved an application before this Court for supply of copies of statements recorded by Inspector Jassa Singh, who was earlier examined as P.W. 47, Satinder Singh Sekhon P.W. 9 and Harchand Singh P.W. 20, as also of Ram Singh alias Kala, in the case diary. The Additional Sessions Judge, Chandigarh, vide order dated 26.05.2010 ordered that the statement of Satinder Singh Sekhon alias Channi recorded by Inspector Jassa Singh in his case diary be supplied to the Petitioner, while declining the prayer for supply of other entries made in the case diary.