RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition against order dated 11.2.2015 passed by the trial Court whereby the application under Section 311 Cr.P.C., filed by complainant Ramesh Kumar for summoning Nitish Kumar and Dharam Pal as witnesses stands allowed.

(2.) Counsel for the petitioner submits that in the garb of the impugned order, the complainant is being given an opportunity to fill in the lacunae to cause prejudice to the petitioner who along with others is facing trial. He has also argued that on earlier occasion also, a similar application was filed and that Rajesh Kumar PW.1, Gurdial Singh Inspector and PW Sardara Singh were allowed to lead additional evidence by way of cross-examination and at earlier stage also the prosecution had made an attempt to fill in the lacunae.

(3.) I have heard the learned counsel for the petitioner and gone through the facts and circumstances of the case. It appears that the accused who are facing trial in the present case had allegedly entered into a conspiracy pursuant to which Sandeep Singh and Jang Bahadur accused had committed murder of Rajesh Kumar on abetment by accused Rakesh Kumar. On a petition filed by the complainant in CRM-M-23886 of 2013 filed by the complainant, a direction was issued by the High Court directing the police to conduct further investigation and to file supplementary report. Thereafter, further investigation was conducted and supplementary report under Section 173 (8) Cr.P.C. was filed on 12.8.2014. Additional witness Rajni wife of deceased was included in further investigation. With an intention to read the statement under Section 161 Cr.P.C., for the purpose of evidence, I have seen her statement which includes that when her husband was murdered, Shiv Kumar Toni and Rakesh Mehta were seen near the place of occurrence armed with iron rod and baseball bat by Paramjit Singh and Simarjit Singh who have disclosed this fact to her. Nitish Kumar also allegedly told her that at the time of murder of her husband, said two other persons were seen by Sandeep Singh @ Sonu and two other persons. Shiv Kumar and Rakesh Mehta were on activa scooter and two other persons were running. She allegedly stated that Jang Bahadur had confessed before Dharampal that Shiv Kumar had entered into a deal with Rakesh Kumar for murder of her husband on payment of Rs.5 lacs but Rs.1,50,000/- only were paid later on. She had allegedly told all these facts to the Investigating Officer but he did not record her statement. Said Rajni whose statement under Section 161 Cr.P.C. was recorded during the course of further investigation, has already been examined as PW.20.