DALIP SINGH BISHNOI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Dalip Singh is facing trial in a case F.I.R. No. 196 dated 23.12.1991 under Sections 307/324/325/148/149 of the Indian Penal Code registered at Police Station Siwani alongwith 13 other coaccused. During the investigation of this case the police had taken into possession empty cartridges and 12 bore DBBL gun. These articles were sent to Forensic Science Laboratory, Haryana Madhuban Karnal. As per report of the Forensic Science Laboratory the gun was a fire arm and its left firing pin was broken. Empty cartridges C-1 to C-10 and one misfired cartridge C-11 were not found to have been fired or misfired from the gun in question but all the empty cartridges except one were fired from the same fire arm. On receipt of this report, application copy of which is Annexure P.2 was submitted by one Jagdish Rai with a prayer that clothes of Mohinder Singh injured and weapons recovered should be sent for Expert opinion to Forensic Science Laboratory of any other State. It was alleged that the report submitted by Forensic Science Laboratory 'Madhuban' Karnal was not correct and it was procured by brother-in-law of Dalip Singh one of the accused who was posted as District Attorney Karnal. The report was procured by the District Attorney by misusing his office as was proved by a letter written by him on 15.2.1993.

(2.) THE application submitted by Jagdish Rai was opposed by the petitioner and other accused who alleged that veracity of the report could be tested by subjecting the reporting official to cross-examination.

(3.) THE petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for setting aside the above mentioned order dated 20.5.93 passed by Additional Sessions Judge, Hissar copy of which is Annexure P-3.