High Court Quashes Order Summoning Accused Due to Inconsistencies in Witness Statements

In a significant ruling, the High Court of Punjab and Haryana at Chandigarh has quashed an order that summoned Davinder Singh @ Kala to face trial as an additional accused. This decision, dated 15th January 2024, came after a thorough examination of the inconsistencies in witness statements and a critical assessment of the medical evidence in the case.

The case, registered under FIR No. 53 dated 28.04.2017, involved allegations of assault under Sections 308/34 IPC. The revision petition, CRR-440-2020 (O & M), challenged the order dated 13.11.2019, which had summoned the petitioner based on Section 319 Cr.P.C.

Justice Jasjit Singh Bedi, presiding over the matter, noted significant variations in the statements of the injured party, from the initial FIR to the later deposition in court. The judge observed, "Quite apparently, the injured-Bahadar Singh had improved his version from stage to stage." This observation highlighted the evolving nature of the witness's account, casting doubts on the credibility of the allegations against the petitioner.

Furthermore, the court scrutinized the medical evidence, which revealed only one lacerated wound on the victim, attributed to a different accused. This finding was critical in undermining the allegations against Davinder Singh @ Kala. Justice Bedi remarked, "Therefore, the false implication of the petitioner cannot be ruled out and this Court cannot record a satisfaction that the petitioner has committed the offence for which he has been summoned to face Trial."

The High Court also referred to key Supreme Court judgments, including "Michael Machado vs. CBI" and "Hardeep Singh vs. State of Punjab," to reinforce the principles governing the exercise of power under Section 319 Cr.P.C. These precedents emphasize the need for reasonable satisfaction regarding the involvement of an accused, a criterion that was not met in this case.

High court's decision to quash the order summoning Davinder Singh @ Kala represents a critical stance on the need for consistency and reliability in witness testimonies and the importance of corroborative medical evidence in criminal proceedings. This ruling not only upholds the principles of justice but also serves as a reminder of the judiciary's role in safeguarding the rights of individuals against unfounded accusations.

Date of decision: 15.01.2024

Davinder Singh @ Kala VS State of Punjab