GAURAV GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) The revision petition has been filed against the order dated 3.2.2010 passed by the learned Additional Sessions Judge, Faridabad whereby the application filed by the petitioner for summoning Deepak alias Dinesh, Kumari Mamta and Kumari Shalu as additional accused to face trial has been declined.

(2.) The prosecution case is that on an information received by the Police on 7.8.2009 that a lady had committed suicide by hanging herself in a house at Faridabad, SI Rameshwar Dayal reached the place of occurrence where the petitioner made his complaint. It is alleged by the complainant that his sister Pooja (deceased) was married to Yogesh Mittal on 21.4.2007. They had spent substantial money in the marriage which was beyond their capacity. They gave a Santro car, 40 Tolas of gold; besides, Rs. 11 Lacs in cash. However, the sister of the complainant (petitioner) was ill-treated in her matrimonial home by her in-laws. Pooja had informed the complainant on many occasions to either give money, otherwise she would be finished by her mother-in-law Kiran, father-in-law Hira Lal, husband Yogesh, sisters-in-law (Nanads) Mamta and Shalu as also mother-in-law's sister (Massi Saas), namely, Anita. On 7.8.2009 at 9.15 a.m. Yogesh-husband of Pooja made a telephone call at the house of the complainant which was attended by the complainant's mother but he did not say anything. The complainant rang-up Yogesh who told him that with regard to the gold chain given on the occasion of 'Raksha Bandhan' to Pooja as gift, quarrel had taken place. The complainant told Yogesh that he was reaching there. In the meantime, the complainant's wife told him that she had received a call from the in-laws of Mamta, that is, sister-in-law (Nanad) of Pooja that Pooja had committed suicide by hanging herself. The complainant along with other family members reached there and found his sister hanging with the ceiling fan. It was alleged that the sister of the complainant had been killed by Yogesh, Hira Lal, Deepak, Kiran and sisters-in-law (Nanads) Mamta and Shalu and mother-in-law's sister Anita and they had hanged her on the fan. On the aforesaid allegations the FIR was registered.

(3.) During investigation brother-in-law (Devar) Deepak and sisters-in-law (Nanads) Mamta and Shalu were found innocent. The other accused, namely, Yogesh, husband of Pooja, Hira Lal and Smt. Kiran, father-in-law and mother-in-law respectively of Pooja and Smt. Anita, the mother-in-law's sister of Pooja were charge-sheeted (challaned) by the Court on 5.11.009 for the offences under Sections 304-B and 34 IPC. To prove its charge, the prosecution has examined Gaurav Garg as PW-1. After his examination, an application was submitted for summoning Dinesh alias Deepak, Kumari Mamta and Kumari Shalu as they have been specifically named.