RASAL SINGH Vs. HARDEV SINGH AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 08.08.2017 (Annexure P5), vide which the application filed by the petitioner under Section 311 Code of Criminal Procedure, 1973 (for short 'Cr.P.C') for summoning of two additional witnesses, namely, Ramandeep Kaur and Sukhdev Singh, has been dismissed by the trial Court.

(2.) Brief facts of the case are that the petitioner has filed a criminal complaint (Anneuxre P1) under Section 302/34 IPC on 17.08.2009 with the allegations that the respondents-accused persons, on 08.04.2009 have forcibly gave poison to Amarjit Kaur, who, later on died in hospital on 11.04.2009.

(3.) Counsel for the petitioner has submitted that initially the petitioner gave information to the police, however, the police did not take any action and, thereafter, he has filed the present compliant. After the petitioner got recorded his preliminary evidence, the trial Court summoned the respondents-accused persons and, thereafter, charges were framed against the accused persons on 28.01.2016. When the case was fixed for recording of post-charge evidence, the petitioner has filed an application under Section 311 Cr.P.C. with a prayer that Ramandeep Kaur, daughter of Amarjit Kaur, and her husband Sukhdev Singh are material witnesses and they may be permitted to be examined as an additional witnesses.