BELA SINGH Vs. RAGHBIR SINGH AND OTHERS

JUDGEMENT

(1.) This revision petition is against the order dated 27.05.2011 passed by Shri Kamaljit Lamba, Additional Sessions Judge, Sangrur, vide which the application of prosecution under Section 319 Cr.P.C for summoning of Sukhwinder Kaur @ Shinder Kaur d/o Gurmit Singh and Rajpal Singh @ Raju Singh, to stand trial in FIR No.136 dated 20.07.2009 under Section 304-B IPC registered at Police Station Sadar, Sunam, was dismissed.

(2.) Briefly stated, the law was set in motion by recording the statement of Bela Singh s/o Chand Singh, who has stated that his younger brother's daughter i.e his niece Gagandeep Kaur was married to Paramjit Singh s/o Gurmeet Singh resident of village Chhajli on 20.02.2009. His brother Gurtej Singh had given sufficient dowry to Gagandeep Kaur as per his capacity. His niece's husband Paramjit Singh is doing job in military. Paramjit Singh had come on one month leave about one month ago and his niece Gagandeep Kaur had also gone to Chhajli. Paramjit Singh and his grand father-in-law Raghbir Singh, father-in-law Gurmeet Singh quarreled with his niece Gagandeep Kaur over the issue that dowry articles were of inferior quality. They broke the mirror of dressing table given to Gagandeep Kaur. On coming to know about this fact, he and his brother Shamsher Singh went to village Chhajli and talked to the in-law's family of Gagandeep Kaur and enquired about the reason of breaking the mirror of dressing table. Raghbir Singh-grand father-in-law told that the articles given by them are of inferior quality. They should be given Rs. 50,000/- to enable them to purchase better quality stuff. It is further alleged that he arranged Rs. 50,000/- and after few days gave it to Raghbir Singh grand father-in-law. It is further alleged that about one month back, Paramjit Singh returned back to military after availing his leave. About 7 days earlier, he had gone to village Chhajli to meet his niece Gagandeep Kaur , then Gagandeep Kaur told him that Raghbir Singh grand father-in-law, Karnail Kaur grand mother-in-law, Kulwant Kaur mother-in-law, Gurmeet Singh father-in-law, Shinder Kaur sister-in-law and Raju Singh brother-in-law, in connivance with each other were harassing Gagandeep kaur everyday to bring more dowry articles and were telling her that in case she did not bring more dowry articles then she had no right to live in their house and therefore, she wanted to come with him. It is further alleged that complainant told his niece Gagandeep Kaur that he will take her after discussing the matter with her father Gurtej Singh. It is further alleged that on 19.07.2009 at about 8:00 P.M, he came to know that Gagandeep Kaur had consumed some poisonous substance being fed up with the demands of dowry raised by her in-laws and due to taunts, harassment. Upon this, he along with his brother Shamsher Singh reached the house of Raghbir Singh in village Chhajli and found his neice Gagandeep Kaur in an unconscious state on a bed outside. Froth was coming out from her mouth. On seeing us, the entire in-laws' family slipped away from the house on the pretext of calling the doctor. While they were taking their niece Gagandeep Kaur to Civil Hospital, Sunam for treatment, at about 10:00 P.M she died. Gagandeep Kaur had died by consuming poisonous substance due to harassment and taunts meted to her on account of demand of dowry by her in-laws family i.e Raghbir Singh, Gurmeet Singh, Raju Singh, Karnail Kaur, Shinder Kaur and Kulwant Kaur. During investigation, Sukhwinder Kaur @ Shinder Kaur and Rajpal Singh @ Raju Singh were declared innocent. Thereafter, Bela Singh-complainant appeared as PW-1 before the trial Court reiterating the stand taken in the FIR and the prosecution moved an application for summoning Rajpal Singh @ Raju Singh and Sukhwinder Kaur @ Shinder Kaur, as additional accused.

(3.) The learned trial Court, after hearing the prosecution, as well as the accused, dismissed the application vide order dated 29.03.2011.