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2016 Supreme(P&H) 633

HARINDER SINGH SIDHU
Dilawar Singh – Appellant
Versus
State of Haryana – Respondent


For the Petitioner:Mr. Navkiran Singh, Mr. Navrattan Singh, Mr. Harjeet Singh, Mr. Surajpreet Singh, Advocates.
For the Respondent: Mr. R.K.S. Brar, Addl. A.G., Haryana

JUDGMENT

Mr. Harinder Singh Sidhu, J.: - The petitioner is a prosecution witness in case FIR No.456 dated 17.12.2014, under Section 302 IPC, Police Station Ambala City. The trial of the case is being conducted before the learned Sessions Judge, Ambala. On 18.04.2015, the petitioner went to the Court to give his statement as prosecution witness. He being an Amritdhari Sikh was bearing a Kripan on his person. Ld. Sessions Judge, Ambala objected to the same and directed him to remove the Kirpan in case, he wanted to appear as a witness.

2. When the petitioner refused to do so on the plea of his religious freedom, Ld. Sessions Judge did not record his statement and directed him to appear in Court without wearing his Kripan. The order of the Ld. Sessions Judge is reproduced as under:

“Six prosecution witnesses are present. Statements of four of them namely Constable Parveen Kumar, Jaswinder Pal Singh, Darshan Singh and Constable Pardeep Kumar recorded.

Another present PW is Constable Jasbir Singh. Learned Public Prosecutor submits that after examination of PW HC Manoj Kumar, this witness is likely to be given up. As per request of Ld. Public Prosecutor, PW Constable Jasbir is discharged








































































































































































































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