GURMEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, the mother-in-law of the deceased, is aggrieved of order dated 22.02.2017 passed by the learned Additional Sessions Judge, Jalandhar whereby she has been summoned as an additional accused on an application moved under Section 319 Cr.P.C. to face trial in FIR No.79 dated 16.05.2015, under Section 306 IPC registered at Police Station Sadar, Division No.7, Jalandhar.

(2.) Brief facts necessary for adjudication of the case are that, FIR No.79 dated 16.05.2015, under Section 306 IPC was registered on a statement of the complainant, Harpreet Singh @ Goldy brother of the deceased. It is stated therein that the complainant's father lives in Kenya. Complainant's elder sister Barinderjit Kaur @ Dolly was married to Manjinder Singh on 05.02013. A daughter was born out of this marriage. It is stated that ever since his sister's marriage, she had acrimonious relations with her husband, mother-in-law and sister-in-law. She often used to talk to the complainant about the same. On 16.05.2015, when the complainant was coming back to his residence at Jalandhar from Delhi alongwith his wife and mother, two phone calls were received from his sister Dolly. The complainant's mother talked to his sister as he was driving. His mother instead of listening to his sister started telling her own stories. The complainant's sister asked for the phone to be given to the complainant. She asked the complainant to come to her residence. On inquiry, it was revealed that she was very upset as she was harassed by her husband and mother-in-law. She however said that she would talk in detail when the complainant comes to her home as he was driving at that time. The complainant alongwith his mother and wife reached their own residence at about 1 O'clock in the afternoon. The complainant went off to sleep and his mother woke him up stating that intimation has been received from his sister's in-laws that something had happened. When they reached his sister's residence, they were told by the present petitioner that the complainant's sister had cheated them and had brought disrepute to them. The complainant rushed towards his sister's room and discovered that locks of the bathroom and bedroom were broken. On inquiry, it was revealed by the present petitioner that the complainant's sister was in hospital. It is stated that the complainant came to know from outside that his sister had hanged herself and was lying in the hospital at Jaswant Nagar in the emergency. Thereafter, a supplementary statement was suffered by the complainant and his mother on 24.05.2015 levelling specific allegation of demand of dowry, ill-treatment and harassment meted out to the deceased as well as details of the articles given to the accused persons at the time of marriage of Barinderjit Kaur @ Dolly (deceased). It was alleged that the husband and parents-in-law of the complainant's sister started making sarcastic comments about bringing insufficient dowry. The complainant's sister was subjected to harassment and illtreatment when the complainant bought a new vehicle for himself. The in-laws family of his sister started demanding Rs. 5,00,000/- for buying a car. Rs. 2,00,000/- were given to them in January 2014. Demand of another Rs. 10,00,000/- was raised since five six months prior to the incident.

(3.) Final report under Section 173 Cr.P.C. was submitted on 15.07.2015 (Annexure P3) against the co-accused Manjinder Singh (husband of the deceased). It is mentioned therein that an inquiry was being conducted on an application moved by the present petitioner and other co-accused. In case any new fact come to light, supplementary challan would be presented. The present petitioner and sister-in-law of the deceased were found innocent on investigation and a supplementary challan was presented on 210.2015 (Annexure P4). The learned trial court while not accepting the same, issued notice to the present petitioner and sister-in-law vide order dated 30.01.2016 (Annexure P5).