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2011 Supreme(P&H) 758

NIRMALJIT KAUR
Shiv Raj Singh – Appellant
Versus
State (Union Territory, Chandigarh – Respondent


Advocates:
Advocate Appeared:
Mr. Baldev Singh, Sr. Advocate with Mr. Sudhir Sharma, Advocate for the petitioner in Crl. Misc. No.M-22279 of 2010
Mr. Sukant Gupta, Advocate for U.T. Chandigarh for the petitioner in Crl. Rev. No.2075 of 2010 & CRM-M 17996-2010
Mr. P.K. Khindria, Advocate for U.T.Chandigarh in Crl. Misc. No.M-17996 of 2010 and Crl. Misc. No.M-22279 of 2010
Mr. Gautam Dutt, Advocate for the petitioner in Crl. Misc. No.M-17996 of 2010

JUDGMENT

NIRMALJIT KAUR, J.

1. Crl. Misc. No.M-17996 of 2010, Crl. Misc. No.M-22279 of 2010 and Crl. Rev. No.2075 of 2010 shall stand disposed of vide this common order as the impugned order dated 26.05.2010 passed by the Additional Sessions Judge, Chandigarh, in all the cases, is same.

2. FIR No.321 dated 14.10.2005 under Sections 302/34 of the Indian Penal Code was registered at Police Station Civil Lines, Patiala for the murder of Shri Vijay Singh, Additional Sessions Judge, Labour Court, Chandigarh at Patiala. The case was investigated by the police at Patiala and after the investigation, challan against the accused was presented in the Court at Patiala. Thereafter, the case has been transferred to the Courts at Chandigarh under the orders of this Court for the purpose of trial.

3. The issue herein is that Inspector Sewa Singh PW56 (now Deputy Superintendent of Police) recorded the statement of various witnesses including that of Satinder Singh Sekhon @ Channi and Harchand Singh. The prosecution is stated to have supplied statement of witnesses recorded by Inspector Sewa Singh but not those recorded by Inspector Jassa Singh. Accordingly, during the course of trial, when the cas





















































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