INDER @ INDRAWATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal revision petition by petitioner Smt. Inder @ Indrawati is directed against order dated 21.12.2012 of the Additional Sessions Judge, Bhiwani vide which the petitioner has been summoned under Section 319 Cr.PC as an additional accused for having been found to have committed the offence punishable under Section 306 read with Section 34 IPC with the assistance of co -accused Roshan Lal, her son by creating such circumstances which were found to be responsible for taking the step of committing of suicide by Smt. Gayatri (since deceased), sister of complainant Balbir Singh.

(2.) CHALLENGING the said order, it is claimed that neither any evidence was found against the petitioner by the investigating agency nor any fresh material or evidence has been brought on record during the course of trial against Roshan Lal, husband of the deceased, and thus, order of summoning of the petitioner vide the impugned order is bad in law. It is claimed that in absence of evidence of impeccable credit which could result in finding of conviction against the petitioner, her summoning could not have been ordered.

(3.) REFUTING claim of the revisionist, counsel for the respondent - State has urged that there is ample evidence brought on record by the prosecution justifying summoning of the petitioner as an additional accused in terms of provisions of Section 319 Cr.PC and thus, sanctity of the impugned order is unquestionable.