LAWS(P&H)-2019-3-31

PARAMJIT SINGH Vs. STATE OF PUNJAB

Decided On March 12, 2019
PARAMJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Prayer in this petition is for quashing of order dated 19.01.2018 (Annexure P-3), vide which, an application filed by the petitioner under Section 391 Cr.P.C. for leading additional evidence and to allow him to take photographs of his standard and disputed handwriting for comparison through a Handwriting Expert has been dismissed.

(2.) Brief facts of the care are that the petitioner along with four other co-accused, namely Amarjit Singh, Prem Sagar, Pawan Kumar and Jagdeep Singh, faced trial in FIR No. 26 dated 19.02.2008, under Sections 409, 420, 465, 466, 467, 468, 471, 477-A and 120-B of the IPC and the trial Court, after conducting a full length trial, vide judgment dated 02.03.2016, held the petitioner guilty of hatching conspiracy with co-accused Jagdeep Singh and others, who were not nominated as accused by the Investigating Officer, and has misappropriated 36000 liters of diesel being employee of the Punjab Roadways. Accordingly, the petitioner was held guilty for commission of offence punishable under Sections 409, 467, 468, 471 and 120-B of the IPC and was sentenced to undergo a maximum sentence of three years and to pay the fine under the provisions of the aforesaid sections. However, other accused persons were acquitted.

(3.) Aggrieved, the petitioner filed an appeal before the lower appellate Court and during the pendency of the appeal, he moved an application under Section 391 Cr.P.C. for leading additional evidence which was dismissed, vide impugned order.