ASHA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE criminal revision petition has been filed against the order dated 21.10.2010 passed by the learned Additional Sessions Judge, Patiala for summoning the revision petitioner under Section 319 Cr. P.C. to face trial for the offences under Sections 304 -B and 498 -A IPC. Learned counsel for the revision petitioner contended that the petitioner is married sister of the husband of the deceased Jagdeep Kaur. The petitioner has been married much earlier to the marriage of Jagdeep Kaur (since deceased) with the brother of revision petitioner, namely, Sandeep Kumar. Learned counsel for the petitioner further contended that there are no allegations in the FIR regarding demand of dowry or maltreatment by the revision petitioner or any abetment. Even there is no allegation regarding any oral dying declaration against the revision petitioner in the FIR but when the complainant appeared in the Court, he made material improvement regarding oral dying declaration against Asha Rani.

(2.) ON the other hand, learned Assistant Advocate General and learned counsel for the complainant argued that the order of the learned Additional Sessions Judge is as per law and revision petitioner has been summoned under Section 319 Cr. P.C. on the basis of evidence produced before the trial Court as well as also other material placed on the record. Learned counsel for the complainant as well as learned Assistant Advocate General argued that the revision petition be dismissed.

(3.) FROM the record, I find that the FIR was got registered by Devinder Singh -complainant, uncle of the deceased. As per prosecution version Jagdeep Kaur was married with Sandeep Kumar about three years back. He stated that marriage was performed after giving dowry beyond the capacity of his brother Sukhwinder Singh. But after the marriage, the in -laws family of his niece Jagdeep Kaur i.e. her husband Sandeep Kumar, father -in -law Shingara Ram, mother -in -law Bhajan Kaur and sister -in -law Asha Rani were harassing his niece for bringing less dowry, regarding which Jagdeep Kaur used to apprise him after coming to her parent's house. It is also stated that the in -laws family of Jagdeep Kaur and her husband Sandeep Kumar used to taunt her and were compelling her to give divorce, but she had not agreed and due to this, they used to harass her and beat her. It is also the case of the complainant that an application was given by Jagdeep Kaur to Superintendent of Police, Patiala on 16.12.2009. It is also in the FIR that on receiving information when the complainant reached, Jagdeep Kaur told him that her husband Sandeep Kumar, father -in -law Shingara Singh, mother -in -law Bhajan Kaur in conspiracy with each other have made her to consume some poisonous substance.