K.S.GAREWAL, J. - (1.) ON November 26, 2008, we had expressed our extreme dismay at the long time the appellant's trial had taken before the trial court. We now propose to record some observations on the criminal justice system in the States of Punjab and Haryana and Union Territory, Chandigarh. Our desire is to highlight Dalip Singh's case, make it an example to demonstrate the rickety system we have developed.
(2.) IT would be appropriate to preface our order with a brief chronology of Dalip Singh's trial. He was arrested on July 13, 1998 and charged for murder of his wife Jasbir Kaur by smashing her head with a spade. The occurrence had taken place at 6.30 a.m. on July 13, 1998. FIR 44 was registered under Section 302 IPC at Police Station Machhiwara. After investigation, the report under Section 173 Cr.P.C. was presented to Judicial Magistrate Ist Class, Samrala on September 1, 1998. The case was committed to the Court of Sessions for trial on September 29, 1998. Charge against Dalip Singh was framed on October 27, 1998 to which he pleaded not guilty and claimed trial. The case was adjourned to February 2, 1999 for the recording of prosecution evidence. Therefore, Dalip Singh's trial effectively commenced on February 2, 1999.
(3.) AT the trial, the prosecution examined 14 witnesses, three of whom were examined on affidavits. Therefore, statements of the 11 witnesses were recorded and their depositions ran into only 28 pages. The prosecution evidence was finally closed on August 26, 2006, 6-1/2 years were consumed for recording 28 pages of evidence. From the above we can only conclude that the criminal justice system is in complete shambles.;