MONIKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition lays challenge to order dated 17.12.2014 passed by the Additional Sessions Judge, Jalandhar whereby the application filed by the prosecution for summoning additional accused Ramesh Kumar and others (respondents No. 2 to 8) has been dismissed.

(2.) COUNSEL for the petitioners contends that Heena (deceased), sister of petitioner Monika and daughter of Madan Lal was married to Naresh Kumar and out of their wedlock, two children were born. Monika, the petitioner was married to younger brother of accused Naresh and her husband has passed away. Heena died within 07 years of marriage but Naresh has been charged for committing offence punishable under Section 306 of the Indian Penal Code (in short "IPC"). Monika, an eye witness to the occurrence appeared in the witness box and attributed specific role to respondents No. 2 to 8 for driving Heena to commit suicide but the learned trial court committed a grave error in dismissing the application for summoning of Ramesh Kumar and others. It is prayed that the impugned order may be set aside and the respondents may be summoned to face trial along with accused Naresh Kumar, already before the Court. I have heard counsel for the petitioner and perused the records. Monika is the first witness partly examined in the case and even before her examination in chief was concluded, application for summoning the additional accused was filed which came to be dismissed by the trial court. A relevant extract from testimony of Monika in regard to complicity of the private respondents in the crime reads thus: -

(3.) A bare reading of the aforesaid extract makes it apparent that no date, month and year of demand of dowry or alleged harassment to the deceased has been given. As per allegations, on 9.3.2014 in the morning Naresh and other accused had beaten Heena. The post mortem examination of the deceased was conducted and in the post mortem report, there is no reference to any marks much less injury found on person of the deceased which could be the result of physical assault by any of the accused. The cause of death is opined to be asphyxia due to hanging sufficient to cause death in ordinary course of nature.