MAHINDER SINGH Vs. SWARAN KAUR

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 4.9.2009 passed by the learned Additional Sessions Judge, Yamunanagar at Jagadhri, whereby the application of the State for summoning respondents-1 to 4 as additional accused in terms of Section 319 Code of Criminal Procedure (Cr.P.C. - for short) has been dismissed.

(2.) THE FIR in the case has been registered on the complaint filed by Mahinder Singh - petitioner under Section 156(3) Cr.P.C. It has been alleged that the marriage between Tajinder Singh and Balwinder Kaur was solemnized on 22.9.1985. After marriage, they lived as husband and wife but they had no issue. According to the complaint, the couple could not bear a child due to physical disability of Tajinder Singh - accused which came to light on his medical investigation. Thereafter in December 1999, Tajinder Singh, in due consultation with his mother - Swaran Kaur (respondent-1) as also Jaswant Singh - father of Tajinder Singh, decided to adopt the maternal grandson of the complaint i.e. the son of the other daughter of the complainant namely Smt Balbir Kaur wife of Pritpal Singh. Accordingly, their son namely Mehakdeep Singh was adopted in the month of December 1999. Although, Mehakdeep Singh had been adopted by Tajinder Singh - accused and his wife - Balwinder Kaur with the consent of Swaran Kaur (respondent-1), but the behaviour and attitude of Tajinder Singh and Swaran Kaur (respondent-1) as also Jaswant Singh (since deceased) was very rude and cruel towards Mehakdeep Singh. They treated him with cruelty by humiliating him. On account of this, Balwinder Kaur - daughter of the complainant got upset and mentally tense. Whenever the daughter of the complainant asked her husband - Tejinder Singh and her mother-in-law - Swaran Kaur as also her father-in-law - Jaswant Singh to celebrate the birthday of Mehakdeep Singh, they avoided the same on one pretext or the other. With the passage of time, their behaviour, it is stated, became worse towards Mehakdeep Singh. It is alleged that Tajinder Singh - accused, Smt Swaran Kaur (respondent-1) and Jaswant Singh (since deceased) conspired amongst themselves for committing the murder of Balwinder Kaur. In this way, Tajinder Singh, Swaran Kaur and Jaswant Singh used to instigate and abet Smt Balwinder Kaur for committing suicide. On 26.2.2002 at about 2 p.m., the complaint received a telephonic message at the farmhouse of his brother. He was informed by someone that his daughter had suffered a heart-attack and was admitted in the Civil Hospital at Jagadhri. The complainant along with his brother and other relatives reached there where they found Smt Balwinder Kaur lying dead. On inquiry, Tajinder Singh - accused, Smt Swaran Kaur (respondent-1) and Jaswant Singh (since deceased) conspired amongst themselves for committing the murder of Balwinder Kaur. In this way, Tajinder Singh, Swaran Kaur and Jaswant Singh used to instigate and abet Smt Balwinder Kaur for committing suicide. On 26.2.2002 at about 2 p.m., the complainant received a telephonic message at the farmhouse of his brother. He was informed by someone that his daughter had suffered a heart-attack and was admitted in the civil Hospital at Jagadhri. The complainant along with his brother and other relatives reached there were they found Smt Balwinder Kaur lying dead. On inquiry, Tajinder Singh - accused, Smt Swaran Kaur (respondent-1) and Jaswant Singh as also Harvinder Singh and Joginder Singh (respondents-2 and 3, respectively) stated that statement of Smt Balwinder Kaur had already been recorded by a Magistrate and in said statement, she did not blame anyone and did not hold anybody responsible for her death. The complainant and his relatives were under heavy shock and could not imagine the mala fide and dishonest intention as also the criminal conspiracy hatched by the aforesaid accused persons and relied upon their version. A Police personnel at the spot obtained the signatures of the complaint and his relatives on some blank papers and writings which were not read over to the complainant on the pretext that these were formal investigation of the Police i.e. the Panchnama. The post-mortem of Balwinder Kaur was conducted on 27.2.2002. It is thereafter that the complaint came to know from the locality that his daughter was either administered poison by Tajinder Singh and Swaran Kaur as also Jaswant Singh or she was forced to take poison due to intolerable and cruel act of the accused. When the said fact came to the knowledge of the complaint, he went to the Police Station and requested the Police of PS City Jagadhri to take legal action against the accused for causing death of his daughter as the poison was administered to his daughter at the house of the accused. However, the Police informed the complainant that action would be taken after the receipt of the Viscera, which had been sent to the FSL Madhuban. The petitioner accepted the said position of the Police. Thereafter, the petitioner, from the locality, came to know that his daughter was murdered by Tajinder Singh - accused, Smt Swaran Kaur (respondent-1) with Jaswant Singh (since deceased) or she was forced to consume poison as the accused wanted to get rid of Balwinder Kaur with an intention to solemnize the second marriage of Tajinder Singh - accused. The petitioner also came to know that the statement of Smt Balwinder Kaur was not recorded by a Magistrate on 26.2.2002 and a false information was supplied by Tajinder Singh - accused as also respondents-1 to 3. The petitioner again visited the Police Station and narrated the version of the people of the locality. However, the Police maintained its stand that without the FSL report, they could not take any action. It is also stated that after the death of Balwinder Kaur, the daughter of the complainant, her son Mehakdeep Singh was also treated with utmost cruelty by the accused and ultimately shunted out from the house. Thereafter, the FSL report was received whereby the cause of death gave a positive report of Aluminium Phosphide poison. Therefore, it was requested that legal action be taken. On the basis of the complaint made by the petitioner, FIR for the offences punishable under Sections 306, 120B IPC was registered at PS City Jagadhri. The Challan (P2) in the case has also been filed on 12.3.2009 for the offence under Section 306 IPC against the accused. Except for Tajinder Singh - accused, the other accused were not charge sheeted (challaned) by the Police. The charge has been framed against Tajinder Singh - accused for the offence under Section 306 IPC. Thereafter, statement of Mahinder Singh - petitioner was also recorded as PW-1 on 19.8.2009 (P3). During the examination-in-chief, further examination was deferred as an application was filed by the learned PP under Section 319 Cr.P.C. which has been dismissed by the impugned order dated 4.9.2009.

(3.) I have given my thoughtful consideration to the contentions of the learned counsel for the petitioner and gone through the record.