Madan Lal and Another vs State of Punjab

Challenge in the present appeal is to the judgment of conviction and order of sentence passed by the learned Sessions Judge, Gurdaspur on 11.09.2007 vide which it convicted the appellants for an offence punishable under Sections 302/201/34 IPC i.e. for causing death of one-day old female child of Madan Lal and sentenced them to varying terms. The prosecution in support of allegations against the accused-appellants have examined PW-7 Krishna w/o Kewal Krishan - a mid-wife, who is said to have assisted the delivery of a female child to Sonia w/o Madan Lal on the mid-night of 31.03.2006/01.04.2006 at Pathankot. Her statement u/s 164 Cr.P.C. was recorded by PW-12 Shri R.K.Garg, the then Sub Divisional Judicial Magistrate, Pathankot. However, when PW-7 Krishna stepped into witness-box, she was declared hostile. The Public Prosecutor after obtaining permission from the Court has confronted PW-7 Krishna with her previous statement recorded u/s 161 Cr.P.C., but her previous statement recorded u/s 164 Cr.P.C. was not put to her, though such statement has been proved by PW-12 Shri R.K.Garg.

We find that material facts have not been brought on record, as the Public Prosecutor has failed to confront PW-7 Krishna with her previous statement recorded u/s 164 Cr.P.C.

Therefore, to arrive at a correct conclusion, we deem it appropriate to examine PW-7 Krishna, as a witness, again in exercise of jurisdiction of this Court u/s 391 Cr.P.C. so as to do complete justice.

Let PW-7 Krishna be summoned for 23.07.2012. A copy of the order under the signature of the Bench Secretary as well as dasti process be handed over to Mr. Mattewal for securing the presence of PW-7 Krishna on the date fixed.