Sukhwinder Singh Vs. Krishna Devi

Sukhwinder Singh vs Krishna Devi

Type Court Judgment Court Punjab and Haryana Decided Nov 27, 2012

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Citation: sooperkanoon.com/1063354
Court: Punjab and Haryana High Court
Decided On: Nov 27, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Sukhwinder Singh

Respondent

Krishna Devi

Excerpt

.....for the petitioner. **** sabina, j. petitioner had faced trial for commission of offence punishable under section 498-a of the indian penal code, 1860 (ipc for short) in a complaint filed by the respondent against him and his co-accused.judgment / orderdated 30.3.2010, ordered the conviction and sentence of the petitioner under section 498-a ipc. however, co-accused of the petitioner were acquitted by the trial court. petitioner preferred an appeal against the said judgment/ order of his conviction and sentence. the appellate court vide judgment dated 1.9.2012 allowed the appeal and remanded the case back to the trial court for a fresh decision hence, the present petition by the petitioner/ accused. after hearing learned counsel for the petitioner, i am of the opinion that the present petition deserves to be dismissed. crr no.3775 of 2012 (o&m) 2 the appellate court, while remanding the case to the trial court for a fresh decision, observed that the statement of cw-2 krishna devi was incomplete as her cross-examination had not been completed by the petitioner. learned appellate court has further observed that the statement of the complainant could not be taken in consideration as her cross-examination was incomplete. a reading of the judgments of the courts below lead to the inference that examination-in-chief of the complainant was recorded. she was cross-examined to some extent but her cross-examination was not completed by the accused. it also transpires from the judgment of the trial court that the complainant had been appearing before the trial court through out the proceedings of the case and the accused had failed to complete her cross-examination. it is possible that due to inadvertence the complainant closed her evidence believing that her further cross-examination was not required by the accused. in these circumstances, the learned appellate court rightly remanded the case to the trial court for a fresh decision after completion of cross-examination of.....

Full Judgment

CRR No.3775 of 2012 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh CRR No.3775 of 2012 (O&M) Date of decision:27.11.2012 Sukhwinder Singh .......petitioner Versus Krishna Devi .......Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.B.S.Guliani, Advocate, for the petitioner.

**** SABINA, J.

Petitioner had faced trial for commission of offence punishable under Section 498-A of the Indian Penal Code, 1860 (IPC for short) in a complaint filed by the respondent against him and his co-accused.

JUDGMENT / ORDER

dated 30.3.2010, ordered the conviction and sentence of the petitioner under Section 498-A IPC.

However, co-accused of the petitioner were acquitted by the trial Court.

Petitioner preferred an appeal against the said judgment/ order of his conviction and sentence.

The appellate Court vide judgment dated 1.9.2012 allowed the appeal and remanded the case back to the trial Court for a fresh decision Hence, the present petition by the petitioner/ accused.

After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves to be dismissed.

CRR No.3775 of 2012 (O&M) 2 The Appellate Court, while remanding the case to the trial Court for a fresh decision, observed that the statement of CW-2 Krishna Devi was incomplete as her cross-examination had not been completed by the petitioner.

Learned Appellate Court has further observed that the statement of the complainant could not be taken in consideration as her cross-examination was incomplete.

A reading of the judgments of the courts below lead to the inference that examination-in-chief of the complainant was recorded.

She was cross-examined to some extent but her cross-examination was not completed by the accused.

It also transpires from the judgment of the trial Court that the complainant had been appearing before the trial Court through out the proceedings of the case and the accused had failed to complete her cross-examination.

It is possible that due to inadvertence the complainant closed her evidence believing that her further cross-examination was not required by the accused.

In these circumstances, the learned Appellate Court rightly remanded the case to the trial Court for a fresh decision after completion of cross-examination of the complainant by the accused.

No ground for interference by this Court is made out.

Accordingly, this petition is dismissed.

(SABINA) JUDGE November 27, 2012 anita

Same Court & Year Punjab and Haryana · 2012 Same Parties Sukhwinder Singh vs Krishna Devi Same Subject Education