SURJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) CHALLENGE in this revision petition is to the order dated January 30, 2015 (Annexure P -1) passed by the ld. Sessions Judge, Hoshiarpur whereby application moved by the prosecution under Section 319 of Cr.P.C. for summoning respondents No. 2 to 13 as additional accused to face trial along with their co -accused in FIR No. 10, dated March 18, 2013, under Section 306 IPC, registered at Police Station Garhdiwala, Hoshiarpur, has been dismissed.

(2.) THE background of the instant case is that petitioner is a resident of village Bhanowal, Police Station Gardhiwala, Tehsil Dasuya, District Hoshiarpur. Respondents No. 2 to 13 are also residents of same locality. Respondent No. 3 Manju had been working as servant in the house of petitioner. During her stay, whenever respondent No. 3 - Manju got mobile phone of the wife of petitioner namely Mandeep Kaur, she used to make call to accused Gurwinder Singh, with whom, she developed illicit relations. Said Gurwinder Singh taking undue advantage of said mobile phone started making calls on the mobile phone of Mandeep Kaur. In this regard, a complaint was also lodged to Panchayat on February 23, 2012 but no action was taken by the Panchayat. Rather, Gurwinder Singh started extending threats to petitioner on his mobile number. As a result whereof, petitioner again lodged a fresh complaint to the village Panchayat, which was forwarded by it to the Police Station Gardhiwala but no action was taken against Gurwinder Singh. Meanwhile, respondent No. 3 -Manju started passing information to accused with regard to the absence of petitioner from the house and presence of only Manju and Mandeep Kaur, wife of petitioner. Taking advantage of the absence of petitioner, respondents No. 2 to 13 started harassing the wife of petitioner besides giving threatening calls to him. In this connection, he lodged a complaint to SHO, Gardhiwala on March 27, 2012 but no action was taken on the said complaint. In the mid of month of July 2012, when petitioner was away from his house, respondent -Manju called other accused persons in the house of petitioner. Firstly, they gave beatings to the wife of petitioner and caused injuries to her and then extended threats to her life. Not only this, accused persons shared bed with the wife of petitioner and prepared movie on their mobile phones. When wife of petitioner started crying to save herself, aforesaid persons extorted money from her and also took her gold ornaments. In this regard also, complaint was lodged by petitioner to SSP, Hoshiarpur but with no result. On account of the said incident, wife of petitioner underwent depression, which ultimately led her demise on August 01, 2012. Regarding this incident also, petitioner filed a complaint to SHO, Gardhiwala but due to influence of the accused persons, local police manipulated the entire matter and wrongly got recorded the statement of petitioner as also of his father -in -law under threat and coercion just to save accused persons. The matter was also reported to the State Human Rights Commission. Ultimately, instant FIR was registered on March 18, 2013 and investigation was put into motion. Even during the investigation of the case, free and fair investigation was not conducted and challan was only presented against Gurdial Singh and Pardeep Kumar while other accused i.e. respondents No. 2 to 13 were given a clean chit by the police.

(3.) THIS Court has given an anxious thought to the aforesaid submission made by learned counsel for the petitioner and has perused the records available.