BALWINDER SINGH Vs. NIRMAL SINGH

JUDGEMENT

(1.) LEARNED Additional Sessions Judge at Patiala on 16.11.1996 passed an order holding that prima -facie case for the offence punishable under section 306 read with Section 34 I.P.C. is drawn. Accordingly, she framed charge against the respondents with respect to above - said offence and adjourned the same for evidence of the prosecution. Aggrieved by the said order, the complainant has preferred the present revision petition.

(2.) THE facts of the prosecution case alleged are that as per the complaining statement, the marriage of the deceased was solemnised with Darshan Singh son of Joginder Singh 9 years ago. On the fateful day, the complainant along with his brother -in -law, Jaswant Singh went to see the deceased (sister of the complainant) at Kheri Mallan. When they reached at the gate of sister's house, they saw that Nirmal Singh son of Joginder Singh had caught hold of the deceased holding both her arms, Jasbir Kaur, wife of Nirmal Singh poured kerosene oil on the deceased and had set her on fire. Balwinder Kaur died as a result of extensive injuries. They complained that the deceased has been murdered by Nirmal Singh, his wife Jasbir Kaur with the connivance of Darshan Singh. Learned Judicial Magistrate, Samana committed the respondents to the Court of Sessions for the offences punishable under Section 302/120 -B read with section 34 of I.P.C.

(3.) LEARNED Additional Sessions Judge on 16.11.1996 had passed the following order : - "Heard on the point of charge. Documents perused Prima -facie case for offence under section 306 read with Section 34 I.P.C. having been made out against the accused, charge framed accordingly, to which they pleaded not guilty and claimed trial."