GURBACHAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Crl. Misc. 39576 of 2016 For the reasons mentioned in the criminal miscellaneous application, the delay of 108 days in filing the revision is condoned.

(2.) The petitioners herein are mother-in-law and sister-in-law of the deceased Jaswinder Kaur, who have been named in the FIR No. 166 dtd. 30/6/2014 under Sec. 304-B IPC registered at Police Station Patti District Tarn Taran.

(3.) In brief, Jaswinder Kaur was married with Sukhchain Singh petitioner who was serving as a Naik in Army and was posted at Jhansi, Rajasthan. The deceased committed suicide while in her matrimonial home by consuming poison on 30/6/2014. Father of the deceased Malkit Singh got an FIR registered against Sukhchain Singh, husband of the deceased, his mother and sister, the present petitioners. He also filed a petition before this Court, which was registered as CRM-M-27430-2014 titled "Malkeet Singh Vs. State of Punjab and others", seeking transfer of investigation of the case FIR No. 166 dtd. 30/6/2014 under Sec. 304-B IPC registered at Police Station Tarn Taran to Central Bureau of Investigation or Crime Branch Panjab, alleging that the police has failed to discharge its primary duty in investigating the case in fair, transparent and impartial manner. The said petition was dismissed of by this Court on the ground that during investigation, it was found that mother-in-law was not present whereas sister-in-law was married prior thereto i.e. about 16-17 years before the marriage of the deceased with the son of the petitioners. Learned Single Judge has observed that no special reasons have been made to transfer the case to Central Bureau of Investigation or Crime Branch Punjab. After the investigation of the matter, only Sukhchain Singh was charged under Sec. 304-B IPC, however, on the basis of a statement suffered by the complainant Makit Singh on 20/1/2016 before the Additional Sessions Judge, Tarn Taran, both the petitioners No.1 and 2 were summoned as additional accused for offence under Sec. 304-B read with Sec. 34 IPC by an order dtd. 6/4/2016 (Annexure P-4).