KULJIT SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) THIS petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), has been filed by Kuljit Singh petitioner for quashing of the complaint dated May 18, 1996 (Annexure P-2), filed by Jasbir Singh respondent No. 1, under Sections 406/498-A/34 IPC against the petitioner and his parents Gurmail Singh and Manjit Kaur; and for quashing of the summoning order dated July 5, 1997 (Annexure P-1), passed by Judicial Magistrate Ist Class, Fazilka on the aforesaid complaint.

(2.) MARRIAGE between Kuljit Singh petitioner and Jakirat Kaur, who was sister of Jasbir Singh respondent No. 1 took place on March 1, 1991. Out of this wed-lock, a son was born. Unfortunately, Jaskirat Kaur died on October 24, 1995 due to consumption of choloro compound, a group of insecticides. On that, her brother Jasbir Singh respondent No. 1 lodged FIR No. 103 dated October 24, 1995 against the petitioner and his parents under Sections 302/304-A/34 IPC, by alleging that his sister Jaskirat Kaur was married to Kuljit Singh petitioner. She was having a son, aged about two and half years. He had given customary gifts and other dowry articles to the accused at the time of marriage. He had also given customary gifts according to his capacity, at the time of birth of the son, to his sister but the accused persons were not satisfied and they used to maltreat his sister by saying that she had brought insufficient dowry in the marriage as well as at the time of birth of the child. Thereupon, respondent No. 1 gave Rs. 10,000/- to his sister. In spite of that, the accused did not stop to maltreat her. They demanded Rs. 50,000/- for laying a pacca floor to their house. It was told to him by his sister when he visited her on October 20, 1995 to inform her about the Bhog ceremony of his cousin brother Jagdev Singh. On October 23, 1995, when respondent No. 1 went to the village of his sister to know as to why she did not attend the Bhog ceremony of Jagdev Singh, he found that his sister was crying with pain. On enquiry, she told him that her husband Kuljit Singh and father-in-law Gurmail Singh had caught hold of her by arms and her mother-in- law Manjit Kaur had poured insecticide in her mouth. Thereafter, his sister died. At the time of lodging the aforesaid FIR, he further alleged that his sister was murdered by the accused on account of demand of dowry. In the aforesaid FIR, all the three accused were charge-sheeted under Sections 302/304-B/34 IPC. After the conclusion of trial, only petitioner Kuljit Singh was convicted under Section 304-B IPC and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- vide judgment dated August 6, 1998 by Additional Sessions Judge, Ferozepur. The other two accused, namely Gurmail Singh and Manjit Kaur were acquitted of the charges framed against them.

(3.) IN support of the allegations made in the complaint, the complainant Jasbir Singh examined himself and four other witnesses. On the basis of that evidence, the learned Judicial Magistrate Ist Class, Fazilka summoned the petitioner and his parents to face trial under Sections 406/498-A/34 IPC vide his order dated July 5, 1997 (Annexure P-1).