BALWINDER KAUR @ BABY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed against order of summoning under Section 319 Cr.P.C. The petitioners have been summoned to face trial under Sections 376/302/313 IPC.

(2.) THE case of the prosecution is that Amanjit alias Vicky, aged 19/20 years started vomiting on the night intervening 15/16.4.2002 and died at 1.30 a.m. She left a suicide-note to the effect that Kirpal Chand had called her to her (his ?) house in connivance with her sister Inderjit Kaur alias Indu, petitioner herein, about four months before the death and had committed rape upon her. She was pregnant and Balwinder Kaur alias Baby, petitioner herein, who was also sister of the main accused Kirpal Chand gave her medicines for abortion. During investigation Inderjit Kaur and Balwinder Kaur were exonerated and the Magistrate committed the case against Kirpal Chand without taking cognizance against Balwinder Kaur and Inderjit Kaur, who were kept in column No. 2. However, they were directed to appear before the Sessions Court on the assumption that the Magistrate could not discharge them. The Court of Sessions vide order dated 5.3.2003 discharged the petitioners on the ground that no cognizance had been taken against them and Court of Sessions could take cognizance only at the stage of Section 319 Cr.P.C. At a later stage, after examining Sat Pal, father of the deceased, an application for summoning the petitioners to face trial in accordance with Section 319 Cr.P.C. was filed which was opposed. Holding that there was sufficient evidence to arraign petitioners as accused to face trial along with Kirpal Chand, the trial court summoned them. Hence this petition.

(3.) LEARNED counsel for the complainant submitted that judgment in Sohan Lal's case (supra) was distinguishable.