HARBHAJAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This revision is directed against the order dated 21.04.2014, passed by the Sessions Judge, Moga who dismissed the application filed by the complainant under Sec. 319 Crimial P.C. The prayer made therein was to summon the additional accused.

(2.) On 09.07.2014 the counsel appearing for the petitioner had made a statement that he was confining the petition only in so far as summoning of respondent no.3 namely Darshan Singh and the petition qua summoning of respondent no.2 was dismissed.

(3.) It would be necessary to give few facts relevant for disposal of the petition. A complaint was made to the police on 29.06.2012 as Sharanjit Kaur had died in the matrimonial home within 7 years of marriage. Allegations were levelled that the girl was subjected to cruelty and harassment and there was a demand of Rs.2 lacs immediately before her death. The complainant named the husband and mother-in-law. Challan was filed against the husband and the mother-in-law while the names of the father-in-law and sister-in- law were kept in column no.2. The trial had commenced and the statement of some prosecution witnesses had been recorded when an application under Sec. 319 Crimial P.C. was moved. The prayer made therein was to summon the additional accused. The trial Court rejected the application and made the following observations:-