BALWINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the order dated 03.01.2017 passed by the trial Court vide which charges under Sections 306 and 506 of the Indian Penal Code (in short 'IPC') has been framed against the petitioners Balwinder Singh, Surinder Kaur, the father-in-law and mother-in-law of one Amandeep Singh, who has allegedly committed suicide on 08.09.2015 by jumping in a canal, however, his dead body was never recovered.

(2.) Brief facts of the case are that FIR No.87 dated 10.09.2015 was registered under Sections 306, 506 read with Section 34 IPC against the petitioners and their daughter Amanpreet Kaur, who was married with aforesaid Amandeep Singh (since deceased) in the year 2013. It is stated by the complainant Ranjit Singh, the father of the deceased that he has 03 sons namely Gurdeep Singh, Tajinder Singh and Amandeep Singh and 02 daughters, who all are married. Amandeep Singh was married to Amanpreet Kaur and a son namely Manveer Singh, was born out of this wedlock. On 07.09.2015, due to some ailment, the one year old Manveer Singh was admitted in a hospital and the complainant Ranjit Singh along with his son Amandeep Singh and daughter-in-law Amanpreet Kaur were there in the hospital to look after the minor child and the petitioners were also present there. A dispute arose outside the hospital between the two families and Amandeep Singh regarding the character of Amanpreet Kaur. On 08.09.2015 at about 11:00 am, Amanpreet Kaur and petitioner No.1 came to the house of Amandeep Singh, who was residing separately in front of the house of the complainant and after abusing Amandeep Singh, he took away the valuables and clothes from the house along with Amanpreet Kaur, by extending threats to the complainant and his son. Thereafter, the son of the complainant left the house in a car bearing registration No.PB65U-7907 by saying that he is going to his in-laws house and when the daughter of the complainant namely Jaswinder Kaur made a call from her mobile phone bearing No.89686-92991 on the mobile of Amandeep Singh i.e. 99142-24801, Amandeep Singh told her that he was upset because of his wife Amanpreet Kaur and in-laws i.e. the petitioners. He has parked his car on a street near Pathrodi Jattan, Bhakhra Canal and he is going to finish his life by jumping in the canal. On receiving such information from his daughter, the complainant along with his other son Tajinder Singh reached near the Bhakhra Canal and he found the abovesaid car parked on the street and his son's mobile phone bearing SIM No.75083-32240, was also lying on the roof of the car along with a pair of sleepers. On the back seat of the car, a gift bag was lying, on which it was written "I love U Aman Best Wishes for ours next life. This is last gift for you by me. Muhha Putt love you." On being apprehensive that his son Amandeep Singh, on account of the harassment caused by his wife Amanpreet Kaur and inlaws/petitioners, may have committed suicide by jumping in a canal, the complainant got the aforesaid FIR registered.

(3.) Later on, when the police investigated the matter and on 08.09.2015, Inspector Dharampal, the then SHO, Police Station Singh Bhagwanpur along with co-officials reached on the street near Bhakhra Canal in the jurisdiction of village Pathar Majra on receiving an information that Amandeep Singh, son of Ranjit Singh has jumped in the Bhakhra Canal and his car is parked on the Bhakhra canal street. There, he met the complainant Ranjit Singh along with his son Tajinder Singh and he made a report No.24 dated 08.09.2015 on the basis of the information given by Ranjit Singh that his son Amandeep Singh was married with Amanpreet Kaur and due to mutual differences between the husband and wife, their relations were not good and on that account, Amanpreet Kaur and her father Balwinder Singh, on 08.09.2015 had taken the clothes and other belongings from their village Teor and thereafter, his son Amandeep Singh, in the aforesaid car came towards Ropar side and committed suicide. At the spot, a pair of sleeper and a wrapped gift was recovered from the car. It is further recorded in this DDR that Amandeep Singh's family members stated that at present, they do not want to give any statement in writing at the spot as Amandeep Singh had spoken to his mother on telephone and after discussing the same at home, they will make the statement. Thereafter, the car, mobile phone with SIM and the aforesaid gift bags were taken in possession by the police vide recovery memo and the same was deposited with the MHC of the Police Station. It was further stated in the DDR that as and when the family members of Amandeep Singh gave the statement, further proceedings will be carried out. Later on, on 10.09.2015, the complainant Ranjit Singh got recorded the aforesaid statement on the basis of which, the FIR was registered.