BISHAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition is directed against the order dated 6.1.2000 and 8.2.2000 vide which the petitioners were charged for an offence under Section 304-B of the Indian Penal Code.

(2.) At the outset it may be mentioned that the petitioners were charge sheeted vide order dated 6.1.2000. Since the name of petitioner Paramjit was, inadvertently, not mentioned in the charge-sheet, his name was also ordered to be incorporated in the head note of the charge-sheet vide order dated 8.2.2000. Brief facts of the case are that Smt. Satya Devi, since deceased was married to petitioner No.5 Paramjit Singh on 26.1.1995 and from this wedlock a male child was born. Smt. Satya Devi was found dead on 14.8.1998 while hanging on a girder with a chunni. A suicide note (Annexure P-1) was found lying near the dead body. Statements of Duni Singh (Annexure P-2), Surjit Kaur (Annexure P-3) and Jaswant Singh (Annexure P-4) were recorded. Letter (Annexure P-6) was also written by Duni Singh, Jaswant Singh and others to S.D.M. Jalandhar. The police submitted report under Section 174 Cr.P.C.(Anexure P-5) that Smt.Satya Devi had committed suicide. However, on 25.8.1998 on the basis of statement made by complainant Duni Singh, father of the deceased Smt.Satya Devi, FIR No.78 dated 25.8.1998, under Section 304-B IPC was lodged at police station Adampur, District Jalandhar, against the petitioners. On completion of investigation final report under Section 173 Cr.P.C. was submitted in Court for the trial of the petitioners. Petitioners are the close relations of husband (petitioner No.5) of the deceased Smt.Satya Devi whereas petitioner No.3 is stated to be a mediator in the said marriage.

(3.) Learned trial court, after hearing the learned counsel for the parties and appreciating the record, framed the charges against the petitioners for the commission of offence under Section 304-B of Indian Penal Code.