NEELAM SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Revisionists-accused have invoked the revisional jurisdiction of this Court assailing order dated 09.12.2009 thereby framing charges against the accused-revisionists and other co-accused Ramesh Chander to face trial for offences punishable under Sections 306/511, 506 of the Indian Penal Code.

(2.) Present is the glaring example to show how criminal system can be abused and to illustrate how some of our Courts are acting merely as post office.

(3.) Facts of the present case, inter-alia, are that on 17.12.2004, complainant - Dalip Kumar Setia son of Kulwant Rai was sitting on the railway line; gateman asked him the purpose to sit on the railway line, then he disclosed that he is sitting on the railway line to commit suicide; gateman then stopped him from committing suicide and presented him before ASI Sukhwant Singh; ASI Sukhwant Singh recorded statement of Dalip Kumar Setia, who has stated before ASI that his brother Inderjit had expired about three years back; Ramesh Kumar Kukkar was Munim of his (Dalip Kumar Setia's) brother Inderjit, thus, he knows all secrets of his family; joint land, in his (Dalip Kumar Setia's) possession and cultivation, was sold through Ramesh Kumar Kukkar; He has taken loan of Rs. 5 lacs from the complainant's wife (Reeta Setia) under different excuses like to give to officers for official work pertaining to land; Ramesh Kumar Kukkar has taken money from him (Dalip Kumar Setia) vide pronote and has mis-appropriated the same by signing the diaries; after the death of brother Inderjit, Ramesh Kumar Kukkar has refused to refund the amount of loan; brother Inderjit, during his life time, had agreed to pay Rs. 2 crores to him (Dalip Kumar Setia); however, after his death, his L.Rs i.e. his widow Promila, sons Sikander Setia and Shalender Setia, daughters Ranj and Bindia have refused to pay Rs. 2 crores to him (Dalip Kumar Setia); his (Dalip Kumar Setia's) brother Ravi Kumar and sisters Sushma Rani and Neelam Kumari have been selling the land under the cultivation and possession of him (Dalip Kumar Setia) in different manners so that he (Dalip Kumar Setia) and his family may strives; reports were made to the police, Tehsildars and other officers, but no action was taken thereon, therefore, he (Dalip Kumar Setia) decided to kill himself i.e. in the morning at about 6 O' Clock; The complainant had laid down on the railway line to commit suicide but gateman had saved him.