KULDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Kuldeep has filed the present revision petition impugning order dated 3.6.2015 passed by learned Additional Sessions Judge, Palwal whereby the application filed by him under Section 311 Cr.PC was dismissed.

(2.) Briefly stated, FIR No.435 dated 12.8.2014 under Sections 302 and 301 read with Section 34 IPC was registered against the petitioner and other accused. The FIR was registered at the instance of Hari Chand @ Lala son of late Ratan Lal, caste Gujjar, resident of village Pingore, Tehsil Hodal, District Palwal. As per FIR, brother of complainant, namely, Mukh Ram @ Mukha after taking his dinner at about 9.00 p.m. had gone to the tubewell where they had planted paddy so as to irrigate it. After starting the electric motor, he slept there in the fields. On 12.8.2014 at about 7.00 a.m., when the complainant had gone to the tubewell along with tea for his brother Mukh Ram, he noticed that his brother was killed by giving blows with sharp edged weapon below the neck, left ear and on the neck below the year. Noticing the fact that his brother was drenched in blood, the complainant informed his family members. On receipt of information, his family members and other villagers reached the place of occurrence and the police was informed on telephone. The complainant has stated that Hira Bhati, his relatives and some other persons of the village are behind the killing of his brother because before this incident, Hira Bhati and his brother had killed Mahi Pal, who was son of complainant's 'Tau' (elder brother of father of complainant) by firing at him for which FIR No.156/14 under Sections 302 and 307 read with Section 34 IPC was registered. In the said FIR, deceased Mukh Ram was pursuing the case against the accused and he has been killed by the accused as they had a grudge against him.

(3.) While the trial in the case was continuing and the prosecution witnesses were being examined, an application under Section 311 Cr.PC for recalling and re-examination of PW5-Sukhbir Singh SI/I.O., Police Station Sadar Palwal was moved by accused Kuldeep. The basic ground for recalling and re-examining PW5 refers that the petitioner has engaged a new counsel and some most important and essential material questions could not be put and examined to the said witness. However, the relevant extract of said application is reproduced as under: