RAJU GURUNG Vs. STATE

JUDGEMENT

(1.) The petitioner seeks quashing of the order dated 18-10-2001 (Annexure P5) passed by Shri R. C. Godara, Additional Sessions Judge, Chandigarh, dismissing the application dated 3-9-2001 (Annexure-P4) filed by the petitioner seeking direction to the prosecution to hold identification parade for identifying the petitioner by the three eye-witnesses in the case titled State v. Raju Gurung bearing FIR No. 73 dated 13-4-2001 registered under Ss. 308 and 506, I.P.C. with Police Station, Sector 19, Chandigarh but at the time of submission of report under S. 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') offence under S. 304, I.P.C. was added.

(2.) For the purpose of adjudication of the present petition, a few facts need to be noticed. The present case was registered on the statement of Sitla Parshad resident of village Ramapur, Police Station Amethi, District Amethi (U.P.), who on the date of occurrence was residing in Kothi No. 536, Sector 18-B, Chandigarh. On 13-4-2001, he was present at his Tea Stall located near New Public School, Sector 18, Chandigarh. At about 2.30 p.m., he had gone to purchase 'Bidi' from Cigarette Bidi Vendor, Vijay Kumar, who sits on the edge of the road near the Verka Booth, Sector 18-A, Chandigarh. While he was in the process of purchasing bundle of 'Bidi,' accused-Raju, who was working in House No. 303, Sector 9, Chandigarh came there. He often used to come to Sector 18-A. He also purchased a packet of 'Chutki' from Vijay Kumar, Vendor, who demanded Re. 1/- from Raju, Raju replied that he did not have any change, upon which the vendor told him that either he should pay Rs.1.00 or should return the packet of 'Chutki.' Thereafter Raju caught throat of Vijay and threw him on the ground. He further gave fist blow on his mouth, belly and head and also gave blow with legs on his belly. Because of the injuries caused, blood started coming out of Vijay Kumar's mouth and thereafter he fainted. Sitla Parshad separated them. While leaving Raju gave a threat to Vijay Kumar that he would get his shop shifted and would kill him. Thereafter, Sitla Parshad had stopped a vehicle and taken Vijay Kumar to General Hospital Sector 16, Chandigarh. Sub-Inspector Tarsem Lal recorded the statement of Sitla Parshad which led to the registration of the case. On the same day at 4.00 p.m. Daily Dairy Report No. 27 dated 13-4-2001 was registered. During the investigation of the case, statements of Suresh Kumar and Ram Sewak were also recorded. The accused was arrested on the same day. Thereafter, on completion of the investigation the report was submitted and at present the case is pending trial before the Court of Shri R. C. Godara, Additional Sessions Judge, Chandigarh.

(3.) On 3-9-2001, the petitioner had filed an application in the Court of Additional Sessions Judge, Chandigarh seeking direction for holding of test identification parade. The grounds which impelled him to file the application are that he had been falsely named in this case on suspicion for the crime mainly on the ground that he was one of the Nepali boys who were playing volley ball in the ground near Veerka Dairy in Sector 18-A, Chandigarh where other Nepali boys were also playing with him. Though prosecution had cited three eye-witnesses, namely, Sitla Parshad, Suresh Kumar and Ram Sewak but all of them had stated that they could identify the assailant if he was produced before them and in spite of that, yet the identification parade was held by the Police during the investigation of the case. According to the applicant though identification of the accused in Court is of no value and the petitioner being a poor person, for the larger interest of justice identification parade of the accused by the aforesaid eye-witnesses be ordered to be held.