MANJARI NEHRU KAUL, J. - (1.)Challenge in the instant criminal revision petition is to the order dtd. 3/4/2021, passed by the learned Additional Sessions Judge, Sirsa, vide which the application moved by the petitioner under Sec. 319 Cr.P.C. for summoning respondent No.2 as an additional accused to face trial in case FIR No. 126, dtd. 5/8/2019, registered under Ss. 304-B, 302, 34, 342, 328 of IPC, lodged at Police Station Nathusari Chopta, was dismissed.
(2.)The facts in brief leading to the filing of the instant revision petition may be noticed thus:- FIR under Ss. 304-B, 302, 34, 342, 328 of IPC came to be registered at the instance of petitioner - Sonia. Both the complainant -petitioner and her sister Manju (since deceased) were married to two brothers Rakesh and Sagar, respectively, on 22/2/2016. As per the allegations levelled in the FIR, the relations of the deceased - Manju with her husband - Sagar and mother-in-law - Silochana (respondent No.2) were not very good, as she would be frequently subjected to harassment by both of them. In this regard, many a times, Panchayat was convened between the parties, however, it proved to be a futile exercise. Just two days prior to the occurrence in question, i.e. on 13/8/2019, the father of both the complainant and the deceased, along with his family members had again convened a Panchayat. There had been some positive outcome, however, it was short-lived, as soon thereafter on 15/8/2019, when the complainant and her sister Manju (deceased) were doing some household work, a quarrel broke out between the latter and her husband Rakesh, on some issue. Resultantly, both respondent No.2 as well as the complainant's husband - Sagar were attracted to the spot. All the three persons including respondent No.2 locked the complainant in a room. Respondent No.2 caught Manju from her legs, while her husband - Rakesh and brother-in-law -Sagar, forcibly administered some substance into her mouth. The complainant witnessed the entire occurrence through the window of the room, where she had been locked. Though the complainant cried for help, however, all the three aforementioned i.e. respondent No.2, her husband Rakesh and her brother-in-law - Sagar, put Manju inside a water tank situated in their house and covered the same. On seeing the occurrence, the complainant - petitioner lost her consciousness. On regaining her consciousness, she saw that one of her other brothers-in-law (Jeth) namely Ram Murti and sister-in-law (Jethani) namely Shagun took Manju out from the tank. After a while at about 1:30 P.M., the brother of the complainant came to visit her in the afternoon, as it happened to be Raksha Bandhan. She narrated the entire occurrence to him, who then in turn informed his family, which ultimately led to the registration of the FIR in question at about 10:30 P.M. on the same day.
(3.)Subsequent to the registration of the FIR, only accused - Sagar and Rakesh were challaned and arrested, while respondent No.2 - Silochna was put in column No.2, having been declared innocent during investigation.