M.M. PASRICHA Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal by Dr. M.M. Pasricha directed against his conviction and sentence of 3 months' simple imprisonment imposed by the learned Sessions Judge, Faridkot, in a summary trial under Section 344 of the Code of Criminal Procedure, 1973.

(2.) THE present case is an off -shoot of the Sessions case No. 84 of 1976 (Sessions trial No. 71 of 1970) tried before the aforesaid Sessions Judge. In view of the fact that we are remanding the case for re -trial for reasons, which appear hereinafter, it is unnecessary to advert to the facts in any great detail. Five accused persons were brought to trial for the commission of a triple murder in the township of Giddarbaha. Dr. M.M. Pasricha, who on 22nd August, 1976, was posted as the senior Medical Officer at Civil Hospital Giddarbaha, had performed the autopsy on the bodies of two deceased persons, namely, Pirthi Singh and Mithu Singh. This apart, the third victim Harmel Singh, who was immediately brought to the hospital after the incident, was rendered first -aid by Dr. Pasricha and his dying declaration was recorded in his presence by the investigating officer (Kulwant Singh Head Constable) and he appended a certificate thereto to the effect that the same had been recorded in his presence and that the injured remained in possession of his full senses throughout. Harmel Singh injured was thereafter shifted to the civil hospital Bhatinda, but shortly thereafter succumbed to his injuries.

(3.) IT is the case of Dr. Pasricha that he was served with a show cause notice under Section 344, Code of Criminal Procedure in the Court room of Sessions Judge, Faridkot, where he had come as a Court witness on 13th January, 1977 and was immediately asked to give a reply to the said notice. His statement was forthwith recorded in the following words by the Sessions Judge: