PREM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this revision petition is to the order dated 12.10.2011 whereby the application (Annexure P-5) filed in term of Section 319 Cr.P.C for summoning of Kaushalya Devi, Assa Nand, and Anuradha as additional accused was dismissed by the learned Sessions Judge, Patiala.

(2.) THE allegations against the accused (respondents) are that Prem Kumar (petitioner) had solemnized the marriage of his daughter Deep Mala with Manoj on 10.12.2006. At the time of Shagun ceremony, mother of Manoj Kumar deliberately fell ill presuming that the gifts would not be delivered upto their expectation. After the marriage, Deep Mala (since deceased) visited the house of the petitioner at Chandigarh. After few days, Deep Mala expressed that there was some displeasure and dissatisfaction on the part of the family of the accused for not preparing photo album and video film. She also expressed that she was being harassed by mother-in-law-Kaushalya Devi, father-in-law Assa Nand, and sister- in-law-Anuradha on account of bringing less dowry. THE accused- persons (respondent No.2 to 5) were insisting that the petitioner should pay the half of the amount of the car to be purchased by them. It was also averred in the complaint that the accused-persons (respondent Nos.2 to 5) were passing comments that Deep Mala daughter of Prem Kumar (petitioner) was blind. Some more incidents of harassment were alleged in the complaint lodged by the petitioner. Ultimately, Deep Mala consumed insecticide and died. THE cause of her death was that she was depressed after receiving the telephone calls from Manoj. After the statement of PW-1 Prem Kumar, an application dated 10.04.2008, under Section 319 Cr.P.C, was moved to summon Kaushalya Devi, Assa Nand and Anuradha to face trial. THE then learned Presiding Officer ordered that the said application shall be disposed of after the statements of all the material witnesses were recorded. THEreafter, another application dated 02.03.2011 under Section 319 Cr.P.C was presented to summon Kaushalya Devi, Assa Nand and Anuradha as additional accused.

(3.) AFTER hearing at length, learned trial court dismissed the applications for summoning the additional accused inter-alia on the following grounds: