BALWAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This is a revision petition against the order dated 12.12.2011 passed by the learned Additional Sessions Judge, Karnal, whereby, the application filed by the petitioner under Section 319 of the Code of Criminal Procedure was dismissed.

(2.) FIR No. 177 dated 25.06.2011 under Section 304-B/34 IPC, PS Kunjpura, District Karnal was registered against Mukesh (husband of the deceased Rekha Rani), Roshni Devi (mother-in-law of the deceased), Narender Kumar (brother-in-law of Mukesh) and Rajni wife of Narender Kumar (sister of Mukesh). However, on the basis of investigation, challan was filed only against Roshni Devi and Mukesh Kumar. After recording of the statement of the complainant (Balwan Singh) as PW1, an application under Section 319 Cr.P.C was moved. The same was dismissed vide order dated 12.12.2011 passed by the Additional Sessions Judge, Karnal.

(3.) While praying for setting aside the aforesaid order and summoning respondents No. 4 and 5 ( Narender and Rajni), learned counsel for the petitioner submitted that there were specific allegations in the statement of the complainant and the trial Court has simply compared the statement with that of FIR and came to the conclusion that allegations were not sufficient to summon respondents No. 4 and 5 under Section 319 Cr.P.C.