STATE OF HARYANA Vs. ARUN KUMAR

JUDGEMENT

(1.) THIS is Criminal Revision filed by the State of Haryana against the order of Additional Sessions Judge, Rewari dated 5.6.1998 whereby he declined to summon Krishan Kumar and Mahi Pal for their trial under Section 306 IPC in exercise of powers vesting in him under Section 319 Cr.P.C.

(2.) THE prosecution case in brief is that Shiv Kumar son of Hukam Singh was wording with M/s PS Motors, Gurgaon, owned by Arun Kumar-accused. A motor cycle was purchased by Shiv Kumar from Arun Kumar. Arun Kumar used to deduct the price of the motor cycle from the salary of Shiv Kumar. Shiv Kumar used to tell his father Hukam Singh that Arun Kumar was harassing him and compelling him to bring back the motor cycle to him. On 26.7.1997 Hukam Singh was informed by a police constable that his son Shiv Kumar had been run over by a train. On 25.7.1997, Shanti Devi mother of Shiv Kumar had given Rs. 6000/- to Arun Kumar. According to the prosecution Shiv Kumar was compelled by Arun Kumar to commit suicide.

(3.) IT was submitted by the learned counsel for the petitioner that the deceased had written a suicide note. In the suicide note which was addressed by the deceased to his mother, he had mentioned that Arun Yadav, Mahi Pal and Krishan Kumar were his enemies and that he would teach them a lesson.