JAGNINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ORDER dated 21.12.2013 passed by Additional Sessions Judge, Jalandhar to the extent of not summoning the Head of the Department of Forensics, Government Medical College, Amritsar on the application filed by the petitioners under Section 311 Cr.P.C. stands challenged by them by filing the present petition under Section 482 Cr.P.C.

(2.) THE petitioners were tried under Sections 498 -A and 304 -B IPC on the allegations that they had committed the offence of dowry death of Surjit Kaur. The trial of the case ended with the conviction of Jagninder Singh -petitioner under Section 304 -B IPC and he was, accordingly, sentenced to undergo imprisonment for ten years. He was, however, acquitted for the offence under Section 498 -A IPC. Manjit Kaur -petitioner was acquitted of both the charges. Aggrieved of his conviction and sentence, Jagninder Singh -petitioner filed an appeal. The State also preferred appeal against the acquittal of Manjit Kaur -petitioner. The two appeals were decided by this Court on 28.9.2007 when the conviction of Jagninder Singh -petitioner under Section 304 -B IPC was upheld but his sentence of imprisonment was reduced from ten years to seven years. The acquittal of Manjit Kaur -petitioner under Section 304 -B IPC was set -aside and she was also awarded imprisonment for a period of seven years. Aggrieved of the judgment passed by this Court, both the petitioners filed their respective appeals before the Hon'ble Supreme Court. Vide common order dated 23.7.2013, the Hon'ble Supreme Court set -aside the judgment and order passed by the trial Court as well as by this Court and remanded the matter to the trial Court to alter the charge to one under Section 302 IPC. It was also observed that though the evidence was already on record yet if additional evidence was required in the opinion of the trial Court, the parties be permitted to lead the same after the alteration of the charge. The trial Court was, accordingly, directed to proceed in accordance with law.

(3.) VIDE order dated 21.12.2013, the trial Court allowed the application for summoning of Sumit Kumar and Gurdial Singh. However, the request for summoning of Head of Department of Forensics, Government Medical College, Amritsar was declined on the ground that the cross -examination with regard to injury No. 1 had already been conducted by the defence counsel when PW1 Dr. Baldev Singh, who had conducted the post -mortem was examined, who, being an expert witness, had already opined qua injury No. 1.