JAGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The dead body of Jasbir Kaur, daughter-in-law of the petitioners, was recovered and the petitioners are facing trial on the allegation of murder/ dowry death. PW-4 Kuldeep Singh, brother of the deceased, appeared as a witness.

(2.) The petitioners moved an application to the effect that the dead body of the deceased was kept in a hospital and was taken by the brother of the deceased on the next day, but he denied this fact in his evidence and therefore, the court should compare signatures of the said witness with the admitted signatures before the court. This has been declined with the observation that the defence evidence was going on and instead of requiring the court to compare the signatures, it was for the accused to lead such evidence in defence as they considered appropriate.

(3.) No doubt, the court has jurisdiction under section 73 of the Evidence Act to compare signatures in appropriate case, but such a course is to be adopted sparingly. In any case, at this stage, it will not be proper to interfere with the order passed by the Court of Session during the course of trial. The effect of the statement of the witness will be gone into during the trial or in appeal. No ground is made out for interference at this stage. The petition is dismissed.