VIRENDER Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition directs challenge against order dated 5.10.2016 passed by the Additional Sessions Judge (Exclusive Court), Bhiwani, dismissing application under section 319 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.") for summoning additional accused namely Ram Chander son of Bhag Chand, Ankit son of Ram Chander and Jyoti wife of Ankit.

(2.) A brief backdrop of the case is that marriage of Asha, sister of complainant Virender (petitioner herein) was performed with Anil son of Ram Chander in August 2014. Out of the wedlock, a son was born in October 2015. Asha (victim) committed suicide in April 2016. Virender, brother of Asha lodged criminal proceedings on the basis of statement Ex. PW3/A. On completion of investigation, challan under Section 173 Cr.P.C., 1973 was submitted against Anil and his mother Ms. Laxmi. Anil and another were charged for committing offence punishable under Section 304-B of the Indian Penal Code (in short "IPC"). During the course of trial, Virender was examined as PW3 and thereafter the instant application was filed for summoning Ram Chander and others that came to be dismissed by the trial court vide order impugned.

(3.) Counsel for the petitioner has assailed the impugned order primarily on the ground that names of Ram Chander, Ankit and Jyoti wife of Ankit find specific reference in the first version given by the complainant, duly reiterated in his statement on oath recorded during trial. Further submitted that the petitioner has attributed specific allegations against the proposed accused, therefore, order impugned is liable to be set aside and Ram Chander and others may be summoned to face trial with Anil and another, already before the Court.