KHALID Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C.") for quashing of order dtd. 10/12/2020 passed by learned Additional Sessions Judge, Mewat in Sessions Case No.554 of 2018 titled as 'State Vs. Khalid @ Khalli' FIR No.147 dtd. 3/9/2018 registered under Ss. 148 and 302 read with Sec. 149 of the Indian Penal Code, 1860 (for short, "the IPC") and Sec. 25 of the Arms Act, 1959 at Police Station Bichhor, whereby the application filed by the petitioner under Sec. 311 of the Cr.P.C. for summoning of the Assistant Director, Ballistic, Forensic Science Laboratory, Madhuban, District Karnal was dismissed.

(2.) Briefly stated, the facts giving rise to the filing of the present petition are that on 2/9/2018, Aadil and Aleem brothers of complainant-Aamil Rasid @ Azad and accused Khalid and Subin went to Village Rai for playing volleyball match. Amount of Rs.4,900.00 had been collected which was to be paid on decision of the match to the winning team. The amount was entrusted to accused Khalid. They lost the match and his brother Aadil asked accused Khalid to pay the amount of Rs.4,900.00 to Rai team but accused Khalid did not give the money and accused Khalid and Subin abused and intimidated his brothers. In the night at about 09:00 P.M., Yasin, Ayyub and Subin and 2-3 other unknown persons armed with batons in their hands and Khalid armed with pistol came and encircled him and other family members. Yasin asked accused Khalid to shoot him and accused Khalid fired a shot from pistol which he was carrying which hit him in the left side of his stomach. Initially the FIR was registered under Ss. 148, 307 read with Sec. 149 of the IPC and Sec. 25 of the Arms Act, 1959 and on death of complainant Aamil Rasid @ Azad, Sec. 302 of the IPC was added. The police investigated the case and on completion of investigation, charge-sheeted accused Khalid. During trial, the Public Prosecutor tendered in evidence the report of the Ballistic Expert as Ex.PX. Subsequently, the petitioner filed application under Sec. 311 of the Cr.P.C. for summoning the Assistant Director, Ballistic, Forensic Science Laboratory, Madhuban, District Karnal for cross- examination. The application was dismissed by learned Additional Sessions Judge, Mewat vide impugned order dtd. 10/12/2020 on the ground that examination of the Ballistic Expert was not required for just decision of the present case.

(3.) Feeling aggrieved, the petitioner has filed the present petition.