- (1.) This is a petition under Section 482 Cr.P.C for setting aside the order dated 29.03.2011 (P3) passed by the Sessions Judge, Jalandhar, whereby, application under Section 311 Cr.P.C (P1) filed by the Additional Public Prosecutor was allowed in case FIR No. 30 dated 20.04.2010 under Sections 302/34/120-B IPC registered at Police Station Lambra, District Jalandhar.
(2.) In the present case, the petitioner has challenged the order dated 29.03.2011 passed by the Sessions Judge, Jalandhar allowing the application under Section 311 of the Code of Criminal Procedure filed by the Additional Public Prosecutor. The Public Prosecutor had moved an application under Section 311 Cr.P.C for tendering handwritten documents and signature proof of the deceased. The said application was allowed.
(3.) Learned counsel for the petitioner, while challenging the order dated 29.03.2011 passed by the Sessions Judge, Jalandhar, contended that these documents were not part of the challan and hence, cannot be produced in evidence. Reliance is placed on the judgments rendered by the Hon'ble Supreme Court in the case of State of Rajasthan v. Daulat Ram, 1980 AIR(SC) 1314 and Bhagwan Singh v. State of Punjab, 1988 1 as well as of our own High Court in the cases of Bhagwan Singh v. State of Punjab,1988 1 PunLR 374 and Madanjit Singh v. Baljit Singh, 1997 2 RCR(Cri) 808. Heard.;