Naresh Kumar Sanghi - (1.) CHALLENGE in this revision petition is to the order dated 12.10.2011 whereby the application (Annexure P-5) filed in term of Section 319 Cr.P.C for summoning of Kaushalya Devi, Assa Nand, and Anuradha as additional accused was dismissed by the learned Sessions Judge, Patiala.
(2.) THE allegations against the accused (respondents) are that Prem Kumar (petitioner) had solemnized the marriage of his daughter Deep Mala with Manoj on 10.12.2006. At the time of Shagun ceremony, mother of Manoj Kumar deliberately fell ill presuming that the gifts would not be delivered upto their expectation. After the marriage, Deep Mala (since deceased) visited the house of the petitioner at Chandigarh. After few days, Deep Mala expressed that there was some displeasure and dissatisfaction on the part of the family of the accused for not preparing photo album and video film. She also expressed that she was being harassed by mother-in-law-Kaushalya Devi, father-in-law Assa Nand, and sister- in-law-Anuradha on account of bringing less dowry. THE accused- persons (respondent No.2 to 5) were insisting that the petitioner should pay the half of the amount of the car to be purchased by them. It was also averred in the complaint that the accused-persons (respondent Nos.2 to 5) were passing comments that Deep Mala daughter of Prem Kumar (petitioner) was blind. Some more incidents of harassment were alleged in the complaint lodged by the petitioner. Ultimately, Deep Mala consumed insecticide and died. THE cause of her death was that she was depressed after receiving the telephone calls from Manoj. After the statement of PW-1 Prem Kumar, an application dated 10.04.2008, under Section 319 Cr.P.C, was moved to summon Kaushalya Devi, Assa Nand and Anuradha to face trial. THE then learned Presiding Officer ordered that the said application shall be disposed of after the statements of all the material witnesses were recorded. THEreafter, another application dated 02.03.2011 under Section 319 Cr.P.C was presented to summon Kaushalya Devi, Assa Nand and Anuradha as additional accused. The application was contested on the ground that PW- Prem Kumar and PW Sheela Devi had made material improvements in the statements and as such, their depositions were not reliable; Deep Mala (since deceased) was residing in the house of her parents where she committed suicide feeling ashamed of her fraudulent conduct and that of her parents in not disclosing that she was suffering from Retinis Pigmentosa (blindness at night). It was further asserted that Suresh Gogia and his wife-Anuradha were residing separately from Manoj accused and similarly, Assa Nand and his wife-Kaushalya Devi, i.e parents of Manoj, were also residing separately and during investigation, they were found innocent.
(3.) AFTER hearing at length, learned trial court dismissed the applications for summoning the additional accused inter-alia on the following grounds: 1. There were material contradictions in the statements of the witnesses suffered before the police and the statements made on oath before the learned court below. The complainant and the other witnesses had vastly deviated from the initial version. 2. No case to summon as additional accused was made out in view of the law laid down in:- i) Ganesha vs. State of Haryana and another, 2007(2) RCR(Criminal) 633; ii) Kailash vs. State of Rajasthan & Anr., 2008(2) RCR (Criminal) 200; iii) Kans Raj vs. State of Punjab and others, AIR 2000 SC 2324; iv) Smt.Raj Rani vs. State of Haryana, 2006(1) RCR(Criminal) 985; v) Ranjit Singh and others vs. State of Punjab, 1999(1) CCC 105: vi) Gangula Mohan Reddy vs. State of Andhra Pradesh, (2010) 1 Supreme Court Cases(Crl.) 917; vii) Mankamma vs. State of Kerala, (2010) 1 Supreme Court Cases(Crl.) 281; viii) M.Srinivasulu vs. State of A.P., 2007(4) RCR(Criminal) 146; ix) Sarwan Singh and others vs. State of Punjab, 2009(2) RCR(Criminal) 649;