HARBHAJAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing of order dated 22.1.2016 (Annexure P/3) passed by learned Additional Sessions Judge, Ludhiana whereby application (Annexure P/1) moved by the petitioner/complainant under Section 311 Cr.P.C. for recalling PW-3 and PW-6 for specific purpose was dismissed.

(2.) Facts relevant for the purpose of decision of the present petition; that initially FIR No. 66 dated 15.4.2009 was registered under Sections 364/325/342/107/506/120-B IPC on the statement of one Kala Singh. Petitioner is the maternal uncle of the said complainant, Kala Singh. After investigation, police submitted the challan and during trial, prosecution witnesses were examined. Thereafter application was filed for recall of PW-3, Harbhajan Singh and PW-6, HC Ravinderpal Singh. The original FIR was by Kala Singh on the ground that injuries were caused to Harbhajan Singh by the other accused persons at the behest of Gurcharan Singh alias Harcharan Singh, who was residing in U.S.A. at the time of commission of offence and was constantly in touch with the main accused on telephone. As per the applicant, Gurcharan Singh alias Harcharan Singh was regularly making telephone calls from his landline No. of USA 109(367-8675) to the mobile Nos 98145-91033 and 84170-94733 of accused Lakhvir Singh. During the period of abduction of PW-3, accused Lakhvir Singh used to switch on the speakers of his mobile and Gurcharan Singh alias Harcharan Singh used to threaten PW-3, Harbhajan Singh on phone that he will get him eliminated. PW-3, Harbhajan Singh downloaded from the internet website i.e. 411-COM an abstract of the online directory showing that the said landline number belonged to accused Gurcharan Singh alias Harcharan Singh. However, while deposing as PW-3, Harbhajan Singh could not exhibit the same though he himself had taken print-outs and handed over the same to the police and as such, the same is admissible under Section 65(B) of Indian Evidence Act. Plea was also taken that a civil suit titled Harcharan Singh Vs. Harbhajan Singh was filed by Gurcharan Singh alias Harcharan Singh which was dismissed on 7.3.2013 where address of Harcharan Singh was given and PW-3 wanted to produce and exhibit the certified copy of the same.

(3.) Pw-6, Ravinderpal Singh also deposed in this case. He obtained call details of two mobile numbers of accused Lakhvir Singh, but because of inadvertence, the email and call details were got marked as Mark-A and Mark-1 to Mark 15, whereas they should have been got exhibited. All these above detailed material establish that accused Gurcharan Singh alias Harcharan Singh was consistently in touch and they are required to be re-called.