JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 05.08.2016 (Annexure P-7) passed by the trial Court, vide which application filed by the petitioner under Section 311 Cr.P.C. for recalling of two prosecution witnesses i.e. PW6 Gurbachan Singh and PW7 Tarlok Singh was dismissed.

(2.) Brief facts of the case are that the petitioner is facing trial in FIR No.01 dated 10.01.2013 under Sections 420, 465, 467, 471, 120-B, 380 of the Indian Penal Code (for short 'IPC'), registered at Police Station NRI Jalandhar. During recording of the prosecution evidence, statement of PW6 Gurbachan Singh was recorded on 29.04.2014 and thereafter, cross-examination of this witness was deferred for 11.06.2014, on which date, the same was completed. This witness had stated that the maternal grandmother of petitioner Jasbir Singh namely Ram Piari, who is parental grandmother of complainant Narinder Pal Singh, had purchased some land and had executed a deed in favour of the complainant and his brother. It is further stated that the petitioner-accused had given some part of the said land on lease to BSNL without permission of the complainant and has committed fraud and destroyed the sale deed. In crossexamination, this witness denied having signed any document as a witness of the deed executed by said Ram Piari. This witness further denied the suggestion that the complainant, in conspiracy with his father Tarlok Singh PW7 and PW6 Gurbachan Singh, had grabbed the share of the petitioner-accused.

(3.) A perusal of the statement of PW6 shows that no suggestion in the cross-examination of this witness was given with regard to execution of any document and similarly, no document was put to this witness during the crossexamination, allegedly executed by Ram Piari or that the statement of this witness was recorded before any revenue authority.