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1995 Supreme(P&H) 1331

SAT PAL
Kuldip Singh Son Of Major Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. This revision petition has been filed under Section 401 of Code of Criminal Procedure (in short, the Code) against the order dated 3rd May, 1995, passed by the learned Sessions Judge, Faridkot, which reads as under:"Two D.Ws have been examined, District Attorney has not cross-examined them. An application has been filed on behalf of complainant to cross examine the defence Witnesses. Counsel for complainant is only to assist the public Prosecutor. Hence this application is declined.

2. Briefly stated that facts of the case are that a case was registered against respondents 2 and 3 under Section 302 IPC vide FIR No. 43 dated 16th May, 1993. The said case is being tied by the learned Sessions Judge, Faridkot. On 3rd May, 1995, Shri Gurmail Singh, DSP, Special Branch, appeared as a defence witness and stated that as per his inquiry, he found that accused Sukhwinder Singh (respondent No. 3) was not present in his clinic on the 15th May, 1993 and that his plea of alibi was correct. On the same date, another defence witness Dr. Balwinder Singh, brother of the said accused was also examined and he also gave a statement in favour of said Dr. Sukhwinder Singh. It has been alleged







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