LAWS(P&H)-1993-7-122

AMARJIT KAUR Vs. STATE OF PUNJAB

Decided On July 15, 1993
AMARJIT KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) AMARJIT Kaur has filed the present petition under Section 397 read with Section 482 of the Code of Criminal Procedure for quashing the order dated 10-9-92 (Annexure P-5) passed by Additional Sessions Judge, Ropar and to allow recalling and reexamination of Sub Inspector Gurnam Singh and the petitioner and to summon documents and witnesses as submitted in the application for leading additional evidence.

(2.) THE brief facts of the case are that on 11-4-1991 Doctor Mohan Lal husband of the petitioner was murdered and she lodged FIR No. 29 the same day at Police Station Mohali. According to the allegations in the First Information Report her husband was murdered by unknown assailants in front of his house. One of the assailants fired three shouts resulting in the death of Doctor Mohan Lal. It was further mentioned that the assailants took away scooter of the deceased. Respondents No. 2 to 5 were being tried in that case. The petitioner appeared as a witness for the prosecution and deposed that the assailants after committing murder of Mohan Lal took away his scooter bearing registration No. CH 01/B 6731.

(3.) IN the return filed by respondent it was alleged that the scooter shown to have been recovered from Avtar Singh in case FIR No. 58 was scooter No. CH01/B 6739 and statement made by Sub Inspector Gurnam Singh in that case was also to that effect. In fact no scooter was recovered from the possession of Avtar Singh respondent. As the scooter shown to have been recovered in case FIR No. 58 was different, no useful purpose was to be served by allowing the prosecution to lead additional evidence and the application was rightly rejected.