PARAMJIT KAUR ALIAS PAMMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed for setting aside order dated 16.2.2013 (Annexure P1), vide which the petitioner was summoned as an additional accused under Section 319 of the Code of Criminal Procedure and order dated 14.3.2013, vide which charge was ordered to be framed against her and the charge sheet of even date.

(2.) FIR No.56 dated 11.7.2011 was registered under Section 304 -B read with Section 34 of the Indian Penal Code (IPC for short) against the present petitioner along with others on the complaint of Manjit Singh. The allegations were that the daughter of the complainant was married with Gurdeep Singh and after sometime of the marriage, the husband i.e. Gurdeep Singh and his sister Paramjit Kaur (petitioner) started torturing Harpreet Kaur on account of dowry. An amount of Rs.50,000/ - was demanded. On 11.7.2011, i.e. the day of the lodging of the FIR, the complainant received an information that his daughter had consumed some poisonous substance or she was forced to consume it. When the complainant reached the hospital, his daughter's husband Gurdeep Singh, sister -in -law Paramjit Kaur and father -in -law Ranjit Singh were present there along with Jaila younger brother of Gurdeep. Harpreet Kaur was saying that she was administered poison by her husband Gurdeep Singh, father -in -law Ranjit Singh and sister -in -law Paramjit Kaur. On hearing this, all the accused went away from there. Harpreet Kaur later on died.

(3.) COUNSEL for the petitioner submitted that Paramjit Kaur was declared innocent during investigation but she was summoned as an additional accused after recording statement of the complainant. He referred to the statement of complainant Manjit Singh in court, where he spoke about the marriage, the demand of dowry by the accused persons from his daughter and about his daughter having been administered some poisonous substance. However, at one stage, complainant deposed that when he reached the hospital, his daughter Harpreet Kaur was lying unconscious and she had not disclosed anything to him.