KAILASH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for quashing of the order dated 07.01.2009 (Annexure P-2) passed by learned Judicial Magistrate Ist Class, Hisar, whereby the complaint filed by the petitioner for summoning of respondent No.2 to face trial for the commission of offences punishable under Sections 302, 201 read with Sec. 34 of the Indian Penal Code was dismissed. Prayer has also been made for quashing of the order dated 04.05.2011 passed by learned Additional Sessions Judge, Hisar, (Annexure P-4) whereby the Criminal Revision Petition filed by the petitioner/complainant for setting aside the order dated 25.02.2008 (Annexure P-2) was dismissed.

(2.) Brief facts of the case are that on 25.02.2008 the petitioner-complainant filed the criminal complaint before learned Area Judicial Magistrate with the broad allegations that he was resident of village Bawani Khera, District Bhiwani, and labourer by profession. Her husband, Kesar Singh (deceased), was employed as a peon in the PWD (B&R), a Haryana Government Department, at Hisar. Kesar Singh used to live with respondent Sumer Singh who was the husband of the sister of the complainant. On 19.10.2006, Kesar Singh came to Hisar to attend the office but did not return home in the night. On the next day, i.e. 20.10.2006, dead body of Kesar Singh was found near the railway line. Autopsy was got conducted by the Government Railway Police, Hisar, on 21.10.2006. Brother of Kesar Singh (deceased) reported the matter to the police on the basis of which, FIR No. 93 dated 17.11.2006, under Sections 302, 201 read with Sec. 34 of the Indian Penal Code was registered at Police Station, Government Railway Police, Hisar. The petitioner-complainant and her brother-in-law, Ramesh, had asked respondent Sumer Singh about the whereabout of Kesar Singh (deceased) but he (Sumer Singh) did not reply satisfactorily. Suspicion arose in the mind of the petitioner-complainant and as such the matter was reported to the police. On enquiries, it was divulged that on 19.10.2006, at about 8.30 P.M., Kesar Singh (deceased), respondent Sumer Singh and one more person had consumed liquor at Telephone Tower, Rajguru Market, Hisar, and they were seen by Anoop Singh and Partap Singh. In spite of the arrest of the respondent No.2 in the said FIR, no action was initiated against him. The complaint lodged with the Senior Officers did not yield any favourable result for the petitioner-complainant. The police after investigation filed the cancellation report which was accepted by the learned Area Judicial Magistrate on 23.01.2008.

(3.) It is further case of the petitioner-complainant that on 17.02.2008, respondent No.2 went to Sajjan son of Bhirtu Ram, resident of Bawani Khera, where Chhabil Das son of Dei Ram was also present. Respondent Sumer Singh told them that he had committed a blunder and said Sajjan should intervene and get a compromise effected between him (Sumer Singh) and the petitioner-complainant. He also disclosed to Sajjan that on 19.10.2006 at about 9.30 P.M. he along with his friend was consuming liquor at Telephone Tower, Rajguru Market, Hisar, in the company of Kesar Singh where Some derogatory remarks were passed by Kesar Singh about the wife of Sumer Singh and as such, he got enraged and picked up the iron rod lying there and hit the same on the head of Kesar Singh (deceased). Resultantly, he died. He further disclosed that the dead body of Kesar Singh was removed from that place by putting the same in a bag and thrown near the railway lines. When Sajjan and Chabbil Das told respondent No.2 that they would call the police then he slipped away from that place. Sajjan and Chhabil Das informed the petitioner-complainant and Ramesh about the confession blurted out by the respondent and all of them went to the Police Station, Government Railway Police, Hisar, but when no action was taken, the instant complaint was filed.