Tejinder Singh Dhindsa, J. - (1.) THE instant revision petition is directed against the order dated 18.5.2013 passed by the Additional Sessions Judge, Ludhiana whereby an application filed under Section 319 of the Code of Criminal Procedure for summoning Swaran Singh and Prabhjot Kaur i.e. respondents No. 2 and 3 herein as additional accused to face trial along with main accused Dilraj Singh has been dismissed.
(2.) COUNSEL for the parties have been heard at length. Brief facts that would require notice are that FIR bearing No. 87 dated 6.6.2012, under Section 304B read with Section 34 of the Indian Penal Code was registered at Police Station Shimlapuri, Ludhiana City on the statement of Vikramjit Singh i.e. the present petitioner, as regards the unnatural death of his sister, namely, Jaspal Kaur. Complainant had stated that the marriage of his sister Jaspal Kaur had been solemnized about four years prior to recording of the statement with Dilraj Singh son of Swaran Singh. At the time of marriage, dowry articles as per status, in the nature of motorcycle etc., had been given. It is further alleged that soon after marriage, parents of the husband had started harassing Jaspal Kaur for bringing less dowry and even the husband used to beat her. Acceding to the demand of dowry, a double -bed and Rs.10,000/ - in cash were given to Jaspal Kaur by mother of complainant, namely, Ravinder Kaur. Further allegations are that in the month of April 2012, Jaspal Kaur had been given beatings by her husband Dilraj Singh as also his parents i.e. Swaran Singh and Prabhjot Kaur and thereafter she was turned out of the matrimonial home. Further allegation is that upon death of the father of the complainant, the land was to be transferred in equal shares amongst the heirs and about two killas of land was coming to the share of deceased Jaspal Kaur. Dilraj Singh at such point had been harassing his wife Jaspal Kaur to get due share in land so that the same could be sold for the purchase of the plot. This was also stated to be a primary reason for deceased Jaspal Kaur to be beaten up by her husband Dilraj Singh and also his parents. Complainant Vikramjit Singh further stated that his 'Bharjai' (wife of brother), namely, Baljit Kaur and a resident of Calcutta had also gone to meet deceased Jaspal Kaur and at that time also, the deceased had disclosed that she was returning back to her paternal home as the dispute had taken place between the husband and wife on account of demand of a Car. On the date of recording of the statement, a phone call from Prabhjot Kaur i.e. mother -in -law of the deceased was stated to have been received at about 2.30 p.m. that Jaspal Kaur had suffered a heart attack and had expired.
(3.) A perusal of the impugned order would reveal that the Court while dismissing the application under Section 319 of the Code of Criminal Procedure seeking to summon the in -laws, namely, Swaran Singh and Prabhjot Kaur as additional accused has merely noticed that during the course of investigation conducted by police authorities, Swaran Singh and Prabhjot Kaur had been found innocent and kept in column No. 2 of the final report.;