RAKESH KUMAR GARG, J. - (1.) THE petitioner who has been summoned as additional accused under Section 319 Cr.P.C. to stand trial in FIR No.165 dated 20.10.2010 under Section 306 IPC, P.S. Model Town, Hoshiarpur has filed the instant petition challenging the impugned order dated 16.8.2011 passed by the Additional Sessions Judge, (Ad hoc), Fast Track Court, Hoshiarpur.
(2.) ACCORDING to the averments made in this petition, the son of the petitioner namely Hardeep Kumar was married to Navjot Kaur on 11.10.2009 and after the marriage, her son and daughter-in-law were residing separately from her in Railway quarters L-II at Pathankot. On 19.10.2010, a minor dispute took place between Hardeep Kumar and her daughter-in-law namely Navjot Kaur over meals and when Hardeep Kumar came back from his duty, he found that Navjot Kaur had hanged herself with a dupatta with the roof of the verandah. Hardeep Kumar without wasting any time, took Navjot Kaur to Civil Hospital, where doctors declared her dead. In the inquiry, the Inquiry Officer mentioned that except the husband and wife, nobody was residing in the house. After the death of Navjot Kaur, her father Gurmukh Ram registered FIR No.165 dated 20.10.2010 under Section 306 IPC, P.S. Model Town, Hoshiarpur, which reads thus:- "Sh. Gurmukh Ram s/o Sh. Guljari Ram, Caste Ad- dharmi, R/o Village Mazari, PS Sadar Banga, District Nawanshahar, aged 54 years has stated that I am resident of above said address and working as a teacher in Government Primary School, Bahatrowal. I have three children, elder son Satish Kumar and younger daughter from him Navjot Kaur aged 26 years and on third place is Harish Kumar. My daughter Navjot Kaur got married on 11.10.2009 with Hardeep Kumar s/o Gurdial Chand, Caste Ad-dharma, r/o Village Burj Tehal Dass, PS Mukandpur, at present New Teacher Colony back side sugar Mill, Nawanshahar. Yesterday on dated 19.10.10 I received information from my daughter's Navjot Kaur Mobile Phone No.94170-86161 on my phone at 3.54 P.M. By the police employee that his daughter has hanged herself and thereafter I alongwith my wife Santosh Kumari, Sons Satish Kumar and Harish Kumar and other respectable persons came to Hoshiarpur. On the spot the dead body of the girl has been seen in the dead house of Civil Hospital, Hoshiarpur and its look like that our daughter Navjot Kaur has been hanged with roof in the verandah after killing by her husband Hardeep Kumar and thereafter he had taken her firstly to Modern Hospital and then to Civil Hospital, Hoshiarpur, where the dead body of my daughter is lying in the dead house at this time. Near about 7 months ago the matrimonial life of them remained good and her mother in law started harassing her and she had made my daughter sat in the Pathankot bound bus one day. At that time Hardeep Kumar was serving at Pathankot and at this time at Railway Station, Hoshiarpur. On 19.10.2010 my wife Santosh Kumari had called Navjot Kaur in the morning at about 9.15 A.M. To know her well being. She had replied her well being in a low voice. After some time my daughter called again on telephone fromwhere it was felt that girl was frightened. Then the girl said to come and take her. The girl was talking but in the main time meanwhile he had taken phone from her and said to not to come today as I myself is coming to drop her. Thereafter, Hardeep Kumar had disconnected the phone. These all talks were made on home telephone number 01823- 264817 and after that it was informed that the girl has hanged her self. This incident has happened at Railway quarter L-II where my daughter was residing. I alongwith my son Satish Kumar has come to you for action. Actrion be taken. SD/- Gurmukh Ram, Satish Kumar verified. Vijay Singh SI, PS Model Town, Hoshiarpur 20.10.10."
(3.) AFTER completion of investigation, challan was presented only against Hardeep Kumar, as the petitioner was found innocent during the inquiry proceedings vide inquiry report dated 21.11.2010. Statement of the complainant Gurmukh Ram was recorded on 16.8.2011 as PW-1.;