S.D.BAJAJ,J - (1.) ON the basis of allegations made by Sat Pal brother of Imanti Devi deceased in FIR No. 206 dated May 16, 1987, of Police Station City, Sirsa, the police prosecuted the husband and parents-in-law of the deceased under sections 306/304B/498-A/120-B/34 of the Indian Penal Code. Names of Rajbir Singh and Suneh Kumari respondents in Criminal Misc. No. 7107-M of 1988 were entered in column No. 2 of the report submitted under section 173 of the Code of Criminal Procedure, 1973. Suneh Kumari is sister of Sushil Kumar husband of the deceased while Rajbir Singh is her husband. Rajbir Singh is Inspector of Police, who has never been posted at Sirsa the place of occurrence while his wife Suneh Kumari is a lecturer, who always remained posted outside Sirsa. Neither of them ever resided in the matrimonial home of the deceased after their marriage.
(2.) IN the extra-judicial confession allegedly made by Het Ram, father-in-law of the deceased, investigation is attributed to Rajbir Singh and actual killing to the husband, mother-in-law and Suneh Kumari wife of Rajbir Singh. The police, however, did not get any corroboration of it in the course of investigation and, therefore, did not prosecute them both. Sat Pal author of the FIR initially moved the learned Additional Sessions Judge, Sirsa, on April 26, 1988, for impleading the persons mentioned in column No. 2 as accused in terms of section 319 of the Code of Criminal Procedure. The request was, however, declined as premature on the ground that the witnesses of extra-judicial confession attributed to father-in-law of the deceased had not yet been examined till then. After their examination as witnesses before the learned trial Court, another application to the same effect was again moved on August 2, 1988, and declined by the learned trial Court on August 31, 1988. Sat Pal aforesaid has filed Criminal Misc. No. 7107-M-1988 in this Court for setting aside the impugned order of the learned trial Court, dated August 31, 1988, and for arraying respondents Rajbir Singh and Suneh Kumari as accused before the learned trial Court.
(3.) I have heard Shri Ajay Lamba, Advocate, for the petitioner, Shri B.S. Randhawa, Advocate, for the respondents and have carefully gone through the material on record.;