HARBANS LAL Vs. MANOHAR LAL

JUDGEMENT

(1.) COMPLAINANT Harbans Lal has filed this revision petition under Section 401 of the Code of Criminal Procedure against the order dated 13.7.2004 passed by Additional Sessions Judge, Jalandhar vide which the application filed by him under Section 319 Cr.P.C. for summoning Kishore Kumar and his wife Paramjit Kaur as additional accused to face trial under Section 304-B IPC has been dismissed.

(2.) ON the complaint made by the petitioner, FIR No. 78 dated 1.7.2002 under Section 304-B IPC was registered at Police Station Division No. 7, Jalandhar in the matter of unnatural death of his daughter, namely, Kiran Bala who was married with Manohar Lal-accused, younger brother of the aforesaid Kishore Kumar and in connection therewith five members of the family of the accused including the aforesaid Kishore Kumar and his wife Paramjit Kaur were summoned to face trial. The marriage between Manohar Lal and Kiran Bala was solemnized in the year 1999 and one son was born out of this wedlock. On 1.7.2002, Kiran Bala committed suicide by hanging herself in the house of her husband-Manohar Lal.

(3.) DURING the course of investigation, the aforesaid Kishore Kumar and his wife were found innocent by police and challan was filed only against the husband, father-in-law and mother-in-law of the deceased wife. Subsequently, after examination of the complainant Harbans Lal as PW-2, the complainant filed an application under Section 319 Cr.P.C. for summoning the aforesaid Kishore Kumar and his wife Paramjit Kaur as additional accused. The said application has been dismissed by learned Additional Sessions Judge, Jalandhar, vide the impugned order.