SURJIT SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) PETITIONER , Surjit Singh filed a criminal complaint against the respondent with respect to offences punishable under Sections 323, 325, 326, 148 and 149 Indian Penal Code that on 30.11.1986, when the petitioner, alongwith his brother and father was coming home from the fields, respondent No. 1 to 5 caused injuries to the petitioner and his brother; and that again on 7.12.1986 when the petitioner alongwith his father and one Shinder Kaur was coming from Civil Hospital respondents No. 1 and 2 caused grievous hurt to the petitioner. After the respondents were summoned, Shinder Pal Kaur was examined and she deposed that occurrence took place on 8.12.1986, though in her statement during preliminary evidence, she had stated date of occurrence as 7.12.1986.

(2.) IN the Court of learned Judicial Magistrate, Mansa, Petitioner's counsel prayed for permission to cross-examine the witness and vide order passed on 28.11.1990, she was allowed to be cross-examined. Respondent-Harbans Singh filed a revision petition in the Court of learned Additional Sessions Judge, Bhatinda and learned Addl. Sessions Judge concluded that witness can be declared hostile when he is suppressing the truth. He cannot be declared hostile merely because the fact deposed is not suited to the party. The learned Additional Sessions Judge allowed the revision petition and directed the learned Judicial Magistrate to complete the statement of Shinder Kaur.

(3.) SUB -section (2) to Section 397 Code of Criminal Procedure restricts the power of Court while hearing revision petition and is being reproduced below for the sake of facility :