CHAMPA LAL AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant criminal revision has been filed seeking to challenge the order dated 13.01.2017 passed by the Additional Sessions Judge, Ludhiana whereby, the application filed under Section 319 Cr.P.C. has been allowed and the petitioners herein have been summoned to face trial under Section 304-B read with Section 34 of Indian Penal Code.

(2.) In brief, the facts are that, an FIR No.130 dated 07.07.2015 came to be registered at Police Station Division No.4, Ludhiana under Sections 304-B, 34 of Indian Penal Code, on the statement given by Kahan Singh that his elder daughter Manju Raj Purohit was married to Jatinder Singh son of Champa Lal for the last 5-6 years and at that time, he has given dowry as per his capacity. After some time of the marriage, the in-laws family of his daughter started demanding money and a car and used to harass his daughter. On account of the harassment suffered at the hands of the husband Jatinder Singh, father-in-law Champa Lal and mother-in-law Savita Devi, his daughter finished her life by hanging herself. After registration of the FIR, the matter was investigated and the petitioners herein were found innocent and kept in column No.2 and trial started only qua son of the petitioners namely Jatinder Singh.

(3.) During trial, statement of complainant Kahan Singh was recorded partly as PW1 on 16.02.2016, in which statement it was stated that on the very next day when his daughter reached her matrimonial home, her mother-in-law Savita Devi snatched her purse, containing shagun and 8-9 suits, which he had given to his daughter. The husband, his mother Savita Devi and his father Champa Lal told his daughter that her father has agricultural land and shop, but he has not given adequate money on the marriage and has not given a car. The complainant deposed that he expressed his inability to give them a car, but told that he would give cash after some time. However, as harassment continued she was brought to the parental home on 07.02.2015 where, she narrated about the cruelty meted out to her in her matrimonial home, on account of non-fulfilling their demand of cash and car. On 16.02.2015, a Panchayat was called and fatherin-law of his daughter was also present where, the complainant expressed his inability to give a car. It was decided that he would give Rs.2 lacs to the husband and in-laws, which he gave to Champa Lal, after withdrawing the same from his account from Punjab National Bank, Bhadaur on 16.02.2015. Thereafter, Champa Lal took his daughter back to her matrimonial home, however, things did not improve. On 01.052015, accused husband Jatinder Singh and his parents gave severe beatings to his daughter, who in turn telephonically informed him about the same. He went to his daughter's matrimonial home and brought his daughter back with him. Another Panchayat was convened and the Panchayat prevailed upon Champa Lal to turn down his demands, upon which Champa Lal demanded a car for rehabilitating the girl. Thereafter, in the Panchayat, the complainant submitted that he had Rs.1.30 lacs in his account and he would withdraw and give the same, which was done 11.05.2015, on which his daughter went back to her matrimonial home. Things remained normal for a short period of time, however, another demand was made. The husband of the deceased left his daughter in her parental home. Again a meeting was convened and Champa Lal came with a few persons and the complainant sent back his daughter to her matrimonial home. On 05.07.2015, a phone call was received by the complainant from his daughter that she has been subjected to beatings and on 06.07.2015, Champa Lal, petitioner No.1 herein made a phone call to him that his daughter has hanged herself. On reaching Ludhiana, they were not shown the dead body of the daughter and in the evening when the dead body was shifted from mortuary to DMC Hospital to Civil Hospital to Civil Hospital, Ludhiana for postmortem, he notices injury mark on the face and neck of his daughter.