NAVDEEP SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) In the instant petition, the petitioner herein has challenged the order dated 11.05.2017 passed by learned Sessions Judge, Ludhiana in case FIR No.15 dated 21.02.2016, under Sections 306, 506 of Indian Penal Code, registered at Police Station Jamalpur, Ludhiana, vide which the application for framing of charge under Section 304-B of Indian Penal Code has been dismissed.

(2.) In brief, the aforesaid FIR was got lodged by the petitionercomplainant on the allegations that a marriage was solemnized between the petitioner's sister namely Hemleen @ Preety and respondent No.2-Rajinder Kumar about four years ago, as per Hindu rites and ceremonies. Out of this wedlock, a male child namely Harshuman was born. After some time of the marriage, respondent No.2, who is addicted to alcohol, used to harass his sister, in which regard earlier the matter was compromised at the Panchayat level many times. It was alleged that on 20.02.2016 at about 6.00 p.m. his sister informed their mother Raksha Sharma on mobile phone that her husband in intoxicated state was harassing her. Thereafter, his sister called him and asked him to take her back as her husband was harassing her. After some time, sisterin-law of his sister namely Seema Kaushal informed his brother Amandeep Singh that his sister had hanged herself and they were taking her to the hospital.

(3.) On the basis of above complaint, the instant FIR came to be lodged under Sections 306, 506 of Indian Penal Code and after completing the investigation, the challan was presented in the court and the accused was charge-sheeted accordingly. After framing of charges, prosecution examined Dr. Ajit Singh as PW1 and Navdeep Singh, complainant as PW2. Thereafter, the prosecution moved an application for framing of charge under Section 304- B of Indian Penal Code, which application came to be dismissed by the impugned order dated 11.05.2017, which has been assailed in the instant revision.