LAWS(P&H)-2023-2-83

GURMEJ SINGH Vs. STATE OF PUNJAB

Decided On February 22, 2023
GURMEJ SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This revision petition has been filed for setting aside the order dtd. 20/5/2022 passed by the Additional Sessions Judge, Fast Track Court, Ferozepur, in case FIR No.81 dtd. 9/6/2020, registered under Sec. 304-B of IPC at Police Station Kulgahri, District Ferozepur, whereby petitioners have been summoned as additional accused under Sec. 319 Cr.P.C.

(2.) The aforementioned FIR was registered on the statement of the deceased's brother Malkiat Singh, inter alia on the allegations that her sister/the deceased, was subjected to mental as well as physical cruelty after marriage and soon before her death on demand of more dowry by Gursewak Singh/husband, and the petitioners, who are father-in-law and mother-in-law of the deceased.

(3.) After lodging of the FIR against the three accused, the petitioners and their son, investigation of the case was assigned to the Investigation Officer. During investigation, an application was submitted by the petitioners' nephew, to the Senior Superintendent of Police, Ferozepur, to get the matter investigated by some senior police officer as the accused have been falsely implicated in the case. He marked the enquiry to Deputy Superintendent of Police, Sub Division Rural, Ferozepur., who, based on an inquiry conducted at his own level into the case, declared the petitioners innocent. His report, dtd. 3/7/2020, has been placed on record as Annexure P-3. It is to the effect that the petitioners were not present at home at the time of the alleged incident, and were statedly implicated in the case on account of the exaggerated allegations levelled by the complainant on account of his sister's death. Petitioner No.l had gone to his brother's house, along with his grandson, to enquire about his mother's health; whereas, petitioner No.2 had gone to Ferozepur Cantonment, along with her nephew, in his car to get medicines. Therefore, it was found to be a case of false implication.