JASPREET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner-complainant assailed the impugned Order dated 20.8.2014, passed by learned Additional District and Sessions Judge No. 2, Hanumangarh in Sessions Case No. 94/2012 (State Vs. Gurdayal Singh and Ors.) whereby learned Trial Court allowed the application of respondent-accused persons for summoning five defence witnesses mentioned in the application.

(2.) Learned Counsel for the petitioner submits that proposed witness Ranveer Singh has already been examined as PW-15 before the learned Court below on 25.3.2014, therefore the witness, who has already been examined cannot be re-summoned at the stage of defence evidence, as he has already been cross-examined by the defence Counsel. He further submits that other witnesses are also not relevant witnesses, therefore, without considering these facts learned Trial Court committed error in allowing the application, so, the order impugned may be quashed and set aside.

(3.) Per contra, learned Counsel for the respondent-accused submits that in cross-case accused persons also sustained injuries and Circle Officer Chandresh Gupta Additional S.P. Yadram Fasal have investigated the matter and proposed witness Ranveer Singh is also investigated the matter. Investigating Officer Sukhvinder Singh and Chinder Singh are neighbours, who witnessed the incident. Therefore to prove the defence that who was aggressor in the matter, the proposed defence witnesses are relevant, as such learned Counsel for the respondent-accused supported the order impugned.