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2004 DIGILAW 892 (PNJ)

Harbans Lal v. Manohar Lal

2004-08-12

SATISH KUMAR MITTAL

body2004
JUDGMENT Satish Kumar Mittal, J. - Complainant Harbans Lal has filed this revision petition under Section 401 of the Code of Criminal Procedure against the order dated 13.7.2004 passed by Additional Sessions Judge, Jalandhar vide which the application filed by him under Section 319 Criminal Procedure Code for summoning Kishore Kumar and his wife Paramjit Kaur as additional accused to face trial under Section 304-B Indian Penal Code has been dismissed. 2. On the complaint made by the petitioner, FIR No. 78 dated 1.7.2002 under Section 304-B Indian Penal Code was registered at Police Station Division No. 7, Jalandhar in the matter of unnatural death of his daughter, namely, Kiran Bala who was married with Manohar Lal-accused, younger brother of the aforesaid Kishore Kumar and in connection therewith five members of the family of the accused including the aforesaid Kishore Kumar and his wife Paramjit Kaur were summoned to face trial. The marriage between Manohar Lal and Kiran Bala was solemnized in the year 1999 and one son was born out of this wedlock. On 1.7.2002, Kiran Bala committed suicide by hanging herself in the house of her husband-Manohar Lal. 3. Undisputedly, respondent-Kishore Kumar is in judicial service of the Punjab State since 1991 and living separately from his brother and his parents. He remained posted at various places in discharge of his official duties. 4. During the course of investigation, the aforesaid Kishore Kumar and his wife were found innocent by police and challan was filed only against the husband, father-in-law and mother-in-law of the deceased wife. Subsequently, after examination of the complainant Harbans Lal as PW-2, the complainant filed an application under Section 319 Criminal Procedure Code for summoning the aforesaid Kishore Kumar and his wife Paramjit Kaur as additional accused. The said application has been dismissed by learned Additional Sessions Judge, Jalandhar, vide the impugned order. 5. I have heard the learned counsel for the petitioner and perused the impugned order. The learned trial Court after considering the evidence led by the prosecution as also other material available on record came to a conclusion that the aforesaid Kishore Kumar and his wife were not involved in the crime for causing death of Kiran Bala. 5. I have heard the learned counsel for the petitioner and perused the impugned order. The learned trial Court after considering the evidence led by the prosecution as also other material available on record came to a conclusion that the aforesaid Kishore Kumar and his wife were not involved in the crime for causing death of Kiran Bala. It has been held that the aforesaid Kishore Kumar and his wife were living separately since 1991, and in the statements of Harbans Lal PW-2 and Gulshan Rai PW-1, there is no specific allegation of demand of dowry and torture against Kishore Kumar and his wife Paramjit Kaur. It has been further found that Gulshan Rai, brother of the deceased in his statement recorded on 1.7.2002, has also indicated that only his brother-in-law Manohar Lal used to beat his sister Kiran Bala for demand of dowry, but subsequently the said witness has tried to alter his statement by implicating the aforesaid Kishore Kumar and his wife Paramjit Kaur. It has been observed by the trial Court that from the evidence available on record it is clearly established that Kishore Kumar and his wife Paramjit Kaur were not living with Manohar Lal, accused or his deceased wife Kiran Bala and, therefore, there was no occasion for them to taunt or torture the deceased Kiran Bala. After considering the evidence produced on record, the trial Court came to the conclusion that there is no material on record on the basis of which there would be any reasonable prospects of conviction of Kishore Kumar and his wife Paramjit Kaur. In view of the above, I do not find any infirmity or illegality in the impugned order. Dismissed. Revision dismissed.