AMARJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant revision petition has been filed for setting aside the order dtd. 11/4/2017 passed by the Sessions Judge, Faridkot by virtue of which an application under Sec. 319 Cr.P.C. filed by the Public Prosecutor/complainant for summoning Harpreet Singh and Ramandeep Kaur as additional accused has been dismissed.

(2.) The brief facts emanating from the pleadings are that case FIR No.72 dtd. 17/6/2013 under Ss. 302, 120-B IPC came to be registered at Police Station Sadar Kotkapura, District Faridkot. The complainant-petitioner Amarjit Singh son of Gurdas Singh stated that he was an agriculturist. His sister Kirandeep Kaur was married to Amrik Singh son of Jagdish Singh and they had one daughter, namely, Ravneet Kaur aged 03 years. His brother-in-law Amrik Singh had illicit relations with his sister-in- law Ramandeep Kaur, which was not to the liking to his (complainant's) sister. Due to this fact, there were frequent quarrels between the couple. About 15 days prior to the occurrence, Kirandeep Kaur after having a fight came to his (complainant's) village alongwith her daughter. Due to being beaten up, his (complainant's) sister's neck had been displaced and in order to get her treated, he (complainant) alongwith his uncle-Saminder Singh and his (complainant's) mother Gurjit Kaur took Kirandeep Kaur to Medical Hospital, Faridkot. By that time, his brother-in-law-Amrik Singh also reached the spot. On his (Amrik Singh's) insistence that he wanted to take his wife along, she sat behind him on his motorcycle make Hero Honda CD- 100 bearing registration No PB30K-6575 and their mother, namely, Gurjit Kaur sat behind his sister (Kirandeep Kaur) on the same motorcycle. He (complainant) alongwith his uncle Saminder Singh followed them on their motorcycle. They saw that Amrik Singh took his motorcycle on the kacha path of the Rajasthan Canal and pushed his (complainant's) mother and sister in the canal alongwith the motorcycle. They (complainant side) reached the spot and shouted for help and tried to pull both of them out. However, the flow of the water was very fast and though other people came to the spot, the two dead bodies were discovered only later. Amrit Singh ran away from the spot. The motive behind the enmity was that Amrik Singh was in an illicit relationship with his sister-in-law (Ramandeep Kaur) wife of Harpreet Singh. In fact, Harpreet Singh and his wife Ramandeep Kaur used to beat up his (complainant's) sister and Panchayats had been held earlier as well. Under a conspiracy with the other two, Amrik Singh had intentionally pushed his mother and sister into the canal. Based on the aforementioned allegations, the present FIR came to be registered against all the three accused. A copy of the same is Annexure P-2.

(3.) During the course of the investigation, Harpreet Singh and Ramandeep Kaur were shown to be in Column No.2 in the report under Sec. 173 Cr.P.C. and the same was presented only against accused-Amrik Singh. Thereafter, the charges came to be framed against Amrik Singh under Sec. 302 IPC. After the examination of the complainant-Amarjit Singh as PW-3 and Pritam Singh as PW-4, an application under Sec. 319 Cr.P.C. was filed by the prosecution to summon Harpreet Singh and Ramandeep Kaur as additional accused.