HARCHAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition is filed assailing the order dated 22.7.2010 passed by revisional Court/Additional Sessions Judge, Fast Track Court, Ludhiana, thereby allowing the revision petition filed by accused respondents No. 2 to 9 herein.

(2.) Brief facts of the present case are that after investigation, police has submitted challan against the accused under Sections 430, 148, 149, 506 of the Indian Penal Code. In the challan, prosecution has cited Maghar Singh and Babu Singh as eye-witnesses. During the trial, witnesses Maghar Singh and Babu Singh were summoned, however, due to want of service on them, they could not appear before the learned trial Court for recording of their statements. Ultimately, trial Court vide order dated 6.2.2009 has closed the evidence of the prosecution.

(3.) An application under Section 311 Cr.P.C. was moved by the prosecution for reclling the witnesses Maghar Singh and Babu Singh, who have been cited as eye-witnesses in the challan, which was initially allowed by the learned Magistrate vide order dated 17.4.2009, however, revision therefrom was allowed by learned Sessions Judge vide impugned judgment.