JASWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE facts in brief are that case against Baru Singh, Mehar Singh and petitioner was registered under sections 304-B/109/34 IPC on the statement of complainant Mewa Singh. After investigation, petitioner was found innocent. Baru Singh and Mehar Singh were sent up by the police to face trial for the offence under section 304-B/109 IPC. After recording statement of Mewa Singh, Public Prosecutor moved an application under section 319 Cr.P.C. for summoning the petitioner as an additional accused. The learned Additional Sessions Judge after recording the evidence summoned the petitioner as an additional accused to face trial alongwith Baru Singh and Mehar Singh.

(2.) MR . Lalit Garg, learned counsel for the petitioner submitted that petitioner cannot be summoned as additional accused to face trial under section 304-B read with section 34 IPC. He contended that under section 304-B IPC, only the husband or any of his relative can be prosecuted who harassed the married woman on account of damand of dowry and death of the woman occurred in unnatural way within 7 years of her marriage and further it has to be proved that she was harassed soon before her death. He further contended that petitioner is not the relative of husband of deceased. He pointed out that petitioner was the mediator. He contended that the evidence against the petitioner is vague, contradictory. He pointed out that there is no evidence with the prosecution to prove that a prima facie case is made out against the petitioner to summon her as an additional accused. He further contended that powers under section 319 Cr.P.C. can be exercised only in a case when evidence indicates reasonable prospect of conviction and prima facie indicates complicity of the accused in the crime. In support of his submissions, he placed reliance on Michael Machando and another v. Central Bureau of Investigation and another, 2000(2) RCR(Criminal) 75.

(3.) A perusal of the section shows that under this section only husband or his relatives can be prosecuted. Admittedly, petitioner is not the relative of husbnad of deceased. She was only the mediator and helped the parties in the settlement of the marriage. During investigation, prosecution has failed to collect any evidence that petitioner ever harassed or demanded dowy from the deceased or from her relatives.