MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition filed under Section 401 Criminal Procedure Code, 1973, (for brevity, Cr.P.C.) prays for quashing the order dated 9-9-2004 passed by the Additional Sessions, Judge, Gurdaspur, allowing an application under Section 311, Cr.P.C. filed by I he prosecution at the stage when the case was fixed for pronouncement of the judgment.

(2.) The prosecution version in brief was that one Harnek Singh suspected his wife Manjit Kaur having illicit relations with some boy who was living at her parental village. He told his mother, who is the complainant, that he had seen his wife Manjit Kaur with his own eyes talking to that boy. It has further been alleged that the complainant mother and Harnek Singh tried to prevail upon Manjit Kaur to forget the past and settle in her matrimonial home but she did not follow the sane counsel. The illicit relationship was disclosed to her parents. The complainant further stated that she had gone to Jammu and in her absence Manjit Kaur had gone to Batala, along with Harnek Singh. On account of the illicit relations of Manjit Kaur, Harnek Singh her husband, was grief sticken and took some poisonous substance at her house and he died. It is alleged that Manjit Kaur wife, Swaran Singh, her father and her brothers have caused irritation to Harnek Singh which led to extreme step of consuming poison. The aforementioned version has been disclosed in the FIR by complainant Surjit Kaur who is mother of deceased Harnek Singh.

(3.) After due investigation of the case, the police filed challan only against Manjit Kaur under Section 306 , 1PC. The basis of not filing any challan against the father of Manjit Kaur, Swaran and her brothers Sher Singh and Sukwinder Singh was that the father of Harnek Singh, namely, Amarjit Singh had made a statement to the police under Section 161. Cr. P.C. that his wife complainant Surjit Kaur has implicated them due to the revengeful intention and they were all innocent. However, during the trial when Surjit Kaur appeared as a witness, she reiterated her statement made in the FIR and named Swaran Singh, father of Manjit Kaur, Sher Singh and Sukhwinder Singh (who are her brothers) as accused. Accordingly, charge was amended and other accused were summoned under Section 319, Cr. P.C. On 19-1-2004, Amarjit Singh P. W. 6, had made a statement before the Court stating that his son was given poison by the accused in order to eliminate him. The accused started claiming that Harnek Singh had committed suicide. However, the prosecution moved an application under Section 311, Cr. P.C. to summon Amarjit Singh, which has been allowed by the Learned Sessions Judge. The operative part of the order reads as under :-