2011 INSC 0328
                             SUPREME COURT OF INDIA

                                        State of Haryana

                                                Vs.

                                        Suresh @ Pappu

                                     Crl.A.No.690 of 2011

                        (Dalveer Bhandari and Deepak Verma JJ.)

                                           09.03.2011

                                             ORDER

1. Leave granted.

We have heard the learned counsel for the parties.

2. The High Court of Punjab & Haryana by the impugned judgment and order
dated 20.08.2009 in Criminal Revision No.2217 of 2008, has quashed the
application of the Prosecution under Section 319 of the Code of Criminal
Procedure.

3. The State of Haryana, aggrieved by the impugned judgment and order, has
approached this Court by filing this Special Leave Petition.

4. Learned counsel appearing for the State has drawn our attention to the statement
of Prosecution Witness No.3-Dharambir, S/o.Tarkha Ram. In that statement it is
clearly stated that "my brother was murdered by Suresh and Sombir". In the
statement it is also indicated that "Suresh got 7.5 acres of land of Sombir sold by
misguiding him and serving liquor. Whenever Sombir used to ask him to pay
money, he used to promise to give next day or thereafter. Thereafter, we insisted
upon Suresh to give money". This clearly reflect the motive for committing the
crime.

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5. In view of this clear and categoric statement of P.W.NO.3- Dharambir, the High
Court was not justified in quashing the Prosecution Application under Section 319
of the Code of Criminal Procedure for summoning Suresh @ Pappu.

6. Consequently, we are constrained to set aside the impugned judgment and order
of the High Court passed in Criminal Revision No.2217 of 2008. Whatever has
been observed by us in this order is only confined to adjudication of this petition
which should not prejudice the accused in any manner in the trial.

The appeal is disposed of accordingly.

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