SAT PAL Vs. RAJBIR

JUDGEMENT

(1.) ON the basis of allegations made by Sat Pal brother of Imanti Devi deceased in FIR No. 206 dated May 16, 1987, of Police Station City, Sirsa, the police prosecuted the husband and parents-in-law of the deceased under sections 306/304B/498-A/120-B/34 of the Indian Penal Code. Names of Rajbir Singh and Suneh Kumari respondents in Criminal Misc. No. 7107-M of 1988 were entered in column No. 2 of the report submitted under section 173 of the Code of Criminal Procedure, 1973. Suneh Kumari is sister of Sushil Kumar husband of the deceased while Rajbir Singh is her husband. Rajbir Singh is Inspector of Police, who has never been posted at Sirsa the place of occurrence while his wife Suneh Kumari is a lecturer, who always remained posted outside Sirsa. Neither of them ever resided in the matrimonial home of the deceased after their marriage.

(2.) IN the extra-judicial confession allegedly made by Het Ram, father-in-law of the deceased, investigation is attributed to Rajbir Singh and actual killing to the husband, mother-in-law and Suneh Kumari wife of Rajbir Singh. The police, however, did not get any corroboration of it in the course of investigation and, therefore, did not prosecute them both.

(3.) I have heard Shri Ajay Lamba, Advocate, for the petitioner, Shri B.S. Randhawa, Advocate, for the respondents and have carefully gone through the material on record.