SEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL . Misc. No. 8849 of 2015 is allowed and documents Annexures P -8 to P -10 are taken on record.

(2.) THE petitioner along with two other persons is facing trial in FIR No. 200 registered on 30.10.2006. A case was registered relating to an incident which took place in the afternoon of 30.10.2006. The petitioner and some other are accused of trespassing into the land, raising the lalkara and then pulling Harbhajan Singh down from the tractor and inflicting blows with Kirpan, Dang, Sua etc. The injuries caused to Harbhajan proved fatal.

(3.) THE prosecution opposed the application and raised the plea that no plea was raised nor the defence was put to any of the witnesses nor this fact was mentioned in the statement recorded under Section 313 Cr.P.C. and at the belated stage, the accused had concocted a false story and had fabricated evidence and had no material witness to support him. The application was dismissed by the Sessions Judge.