BANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR the reasons mentioned in the application delay in filing of the revision petition is condoned. CRM stands disposed of. The petitioner has challenged the proceedings under Section 344 Cr.P.C., initiated against him by issuing notice by the Additional Sessions Judge, Rupnagar vide order dated 4.10.2011.

(2.) BRIEF facts relevant for the decision of present revision petition are that 11 persons Baljinder Singh and others were tried in an FIR No.143 dated 17.9.2009 under Sections 302, 307, 148, 149 and 120 -B of the Indian Penal Code read with Section 25 and 27 of the Arms Act registered at Police Station, Morinda. The petitioner was one of the prosecution witness. The accused in the above said case had allegedly made extra judicial confession before him admitting their guilt before him he being Sarpanch of the Village Rampur Kaleran. When the petitioner appeared as a witness as PW.8, he stated that the accused had never come to him nor confessed any guilt before him and he never produced him before the police as such, he was declared hostile and was permitted to be cross -examined. In the same manner other witnesses turned hostile and did not support their statement under Section 161 Cr.P.C. As the petitioner did not depose in accordance with his alleged statement under Section 161 Cr.P.C., the trial Court while acquitting the accused made the following observations: -

(3.) SINCE allegation against the petitioner that his statement under Section 161 had earlier been recorded and he had not substantiated his statement under Section 161 Cr.P.C., the pre - condition for initiation of proceedings under Section 344 Cr.P.C., being not satisfied the launching of prosecution under Section 344 Cr.P.C., against the petitioner is vitiated. As such, the order dated 4.10.2011 passed by the learned Additional Sessions Judge, Ropar, is hereby set aside. Proceedings initiated against the petitioner are hereby quashed. Disposed of.