RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Sec. 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been filed by petitioner- Rajinder Kumar (complainant) impugning the legality of order dtd. 7/4/2021 (Annexure P/10) rendered by Additional Sessions Judge, Sangrur, in Sessions Case No.101 of 2017 titled 'State Vs. Sukhbir Singh @ Sukha', FIR No.97 dtd. 30/7/2017 under Ss. 302 and 427 IPC, Police Station Lehra, District Sangrur, in terms of which, application dtd. 25/3/2021 (Annexure P/9) moved by petitioner/complainant through Public Prosecutor under Sec. 311 Cr.P.C. for summoning and examination of Arashdeep Singh son of Amarjit Singh, as prosecution witness, has been dismissed and consequently prayer to allow said application under Sec. 311 Cr.P.C., has been made.

(2.) Application under Sec. 311 Cr.P.C. (Annexure P/9) was moved by petitioner/complainant through Public Prosecutor before the Trial Court with the averments that during the course of trial of case FIR No.97 dtd. 30/7/2017, as detailed above, prosecution has examined petitioner/ complainant-Rajinder Kumar son of Ramesh Chand as PW-15 on 13/12/2019/27/4/2021, wherein he stated on oath that at the time of occurrence in question, he was accompanied by his cousin-Arashdeep and said Arashdeep is an eyewitness to the incident. It is further averred that during investigation, when above said Arashdeep appeared before the police, he suffered a statement in the presence of petitioner/complainant- Rajinder Kumar, affirming his presence at the place of occurrence. It is further averred that during his testimony before Trial Court, PW-15 Rajinder Kumar has proved his statement (Ex.P-15/A), wherein he mentioned Arashdeep as eyewitness to the occurrence in question. It is cardinal principle of evidence that the best available evidence should be brought before the Court. Statement of Arashdeep son of Amarjit Singh as prosecution witness is quite crucial to the cause of prosecution and it is an important link in the chain of circumstances. Thus, it has been prayed that Arashdeep son of Amarjit Singh, resident of Village Alisher, be cited as prosecution witness and he may be called and examined as prosecution witness for the ends of justice, fair play and just decision of the case.

(3.) Even though respondent No.1-State has filed status report in the instant petition wherein prayer for dismissal of petition has been made, however, when confronted with above said status report, learned State counsel has emphatically submitted that application in question moved under Sec. 311 Cr.P.C. presented by petitioner (complainant) before the :