BRIG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 19.03.2018 (Annexure P-9) passed by the trial Court in FIR No.50 dated 21.03.2015 under Section 302 of the Indian Penal Code (for short 'IPC'), Police Station Division No.1, Pathankot, vide which an application filed by the petitioner under Section 311 of the Code of Criminal Procedure (for short 'Cr.P.C.'), for recalling PW5 Dr. M.L. Attri, for further cross- examination, was dismissed.

(2.) Brief facts of the case are that the aforesaid FIR was registered by complainant Ratesh Bakshi with the allegations that on 20.03.2015 at about 11.00 pm, he along with his wife Kamli Sharma and 07 years old son, 1 of 16 were going in a car bearing registration No.JK-02B-B-6258-T towards Simbol Chowk, Pathankot. When they reached in front of a school on Dalhousie Road, Pathankot, a car bearing registration No.HR26-AR-6889, in which three persons were sitting, suddenly stopped in front of his car and stated that he is trying to escape after hitting side of the car and started giving beatings to him. His wife Kamli Sharma came to the rescue and one more person Anil Kapoor also came to his rescue and thereafter, aforesaid three persons started giving beatings to Anil Kapoor as well. He fell down on the road and died at the spot. In the meantime, people gathered and apprehended these three persons, whose names are Arjun Kaistha (petitioner), Rahul Palak and Arun Kaistha. The FIR was registered with the allegations that these three persons have caused injuries to him.

(3.) After presentation of the challan, charges were framed under Section 302 IPC. The police recorded statements of the prosecution witnesses and in that process, statement of PW5 Dr. M.L. Attri was recorded by way of video conferencing.