BIMLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

(2.) The present revision petition has been filed by impugning the order dated 13.07.2021 passed by the learned Additional Sessions Judge (Exclusive Court), Jhajjar wherein the petitioners No.1 to 4 have been summoned under Section 319 Cr.P.C. as additional accused to face trial in FIR No.354, dated 23.09.2019, under Sections 302, 304-B IPC, registered at Police Station Beri.

(3.) As per the factual matrix of this case, the present FIR was registered at the complaint made by Monu son of Sheokaran, resident of Village Beri, wherein he had alleged that the marriage of his sister Meera was solemnized with Sonu son of Chander Bhan. As per the allegations, after the marriage of his sister, her husband-Sonu, her mother-in-law Bimla, her sister-in-law Manju and her brothers-in-law Kala and Dhola used to beat his sister for bringing less dowry. On the day of occurrence, he received the information that his sister has been given beatings by her in-laws and after receiving the information, he went to her house. There he found his sister lying dead on the bed. On enquiry, he found that his sister had been killed by the above-mentioned accused. The FIR was lodged and on the basis of the same, the investigation was carried out and after the conclusion of the investigation, the challan was presented only against the husband Sonu whereas the rest of the four accused, who are petitioners in this petition, were kept in column No.2. During the recording of evidence before the trial Court, the complainant Monu appeared in the witness-box as PW1 wherein he reiterated the allegations against the petitioners which were made in the FIR. Thereafter, the complainant filed the application under Section 319 Cr.P.C. for summoning the petitioners as additional accused. The learned trial Court after hearing the parties allowed the application vide its order dated 13.07.2021 and thus, directed the petitioners to be tried along with the accused already being tried, namely, Sonu.