Criminal Misc. No. M-13633 of 2011(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-13633 of 2011(O&M) Date of Decision: November 22, 2011 Sapinder Singh ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.D.S. Sukarchakia, Advocate, for the petitioner. Mr.Palvinder Singh, Sr.DAG, Punjab. NAWAB SINGH J.(ORAL) This accused's petition is directed against the order dated April 23 rd, 2011 (Annexure P6) passed by Additional Sessions Judge, Rupnagar, whereby, application by the petitioner under Section 311 of the Code of Criminal Procedure (for short `CrPC') to lead additional evidence in order to prove death certificate of Hukma in case FIR No.60 dated March 24 th, 2003 under Sections 429, 467, 471/120B of the Indian Penal Code (for short `IPC'), Police Station Sadar, Ropar, was dismissed. 2. The prosecution version is that Hukma, who was owner of some land at village Bhadhal, died in the year 1950. His death certificate (Ex.PG) and its verification report from Additional District Registrar-cum-District Health Officer, Yamuna Nagar (Ex.PH) are on record of the Trial Court. In the year 1995, the petitioner in collusion with his brother Sewa Singh got the land of Hukma transferred in his name, by impersonating some other person as Hukma. 3. Contention of the learned counsel for the petitioner is that Hukma died on May 10 th, 2003 and, therefore, the sale-deed in Criminal Misc. No. M-13633 of 2011(O&M) [2] favour of the petitioner is a genuine document, executed by Hukma during his life time. Therefore, he be allowed to produce additional evidence to prove this fact. 4. Section 311 CrPC contains a salutary provision that in cases where the evidence of a witness appears to be essential for the just decision of the case, the Court must recall such a witness for the purpose of re-examination, cross examination or for further examination. No doubt, a discretion has been conferred on the Court to summon any person as a witness but simultaneously, an obligation is also cast on the Court to record a conclusion that for just decision of the case, it is essential to recall, re-examine or cross-examine any other witness. 5. In the present case, the evidence to be brought on record appears to be essential and clinching one to help the Court to arrive at a right conclusion. 6. In view of above, the petition is allowed and the order, under challenge, is set aside. Consequently, an opportunity is granted to the petitioner to lead his evidence with regard to the death of Hukma. November 22, 2011 ( NAWAB SINGH ) gian JUDGE