BALBEER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This judgment will adjudicate both the criminal miscellaneous applications titled above as the same have arisen out of the common order dated 4.6.2009 passed by Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Complaint Case No. 127/2009, Niranjan Singh v. Balbeer Singh & Others. In the said order, applicants Baldev Singh, Balbeer Singh, Arjun Singh and Janta Singh have been summoned for the offence of Section 406 IPC. The cognizance was taken by the Magistrate against them on the complaint dated 25.3.2009 filed by Nirajan Singh.

(2.) To appreciate the matter and issue, it is worthwhile to note that the daughter of Niranjan Singh named Amarjeet Kaur tied her nuptial knot with Balbeer Singh on dated 8.4.2003 at Gurudwara Subhash Nagar, Delhi. It is also pertinent to note that Niranjan Singh, the complainant/opposite party no. 2 as well as the applicants in both the petitions hail from the same village Bheekampur within the territorial jurisdiction of Police Station Bajpur. Niranjan Singh still resides in the village while the applicants Balbeer Singh and Janta Singh reside in Delhi. The other applicants Arjun singh and Baldev Singh reside in the village itself.

(3.) After passing the wedded life with all pleasure, Amarjeet Kaur died on 11.9.2008 in Delhi itself. Her father Niranjan Singh lodged an FIR on dated 11.9.2008 against Balbeer Singh for the offence of Section 304B IPC. After submission of the chargesheet in the said criminal case, the trial ended in acquittal albeit the benefit of doubt was given to Balbeer Singh. But the ultimate result was of acquittal on dated 29.10.2009 from the court of Additional Sessions Judge, West Delhi. When the trial was in progress in the court of the Additional Sessions Judge, Niranjan Singh gave a notice to the applicants alleging that whatever articles including jwellary were given in the wedding of Amarjeet Kaur to them, it is liable to be returned to him after the death of his daughter. He asked the applicants to return the entire articles and household things which were given in dowry otherwise warned them for initiation of legal action against. This notice was duly replied by all the applicants on dated 24.3.2009 with the averments that Amarjeet Kaur used to reside separately with Balbeer Singh in Delhi and rest of the applicants were not concerned at all regarding their dwelling and wedded life. It was also averred in that notice that Balbeer Singh was facing the trial being incarcerated in Tihar Jail, Delhi.