K.S.GAREWAL, J. - (1.)LEARNED Addl. Sessions Judge, Barnala decided an application under Section 319 Cr.P.C. on November 7, 2001 in case entitled State v. Vinod Kumar and others registered vide FIR 74 dated September 22, 2000 under Sections 302 and 34, alternatively under Section 304-B IPC at PS Bhadaur. The application was allowed and six petitioners herein were directed to be summoned under Section 319 Cr.P.C.
(2.)THE brief background of the case is necessary to be introduced before adverting to the legal submissions. Marriage between Neha @ Anu Bala daughter of Ved Parkash (PW 1) was performed with Vinod Kumar accused in December 1998 at Barnala. At the time of the marriage Ved Parkash had given sufficient dowry in accordance with his capacity but Vinod Kumar and his parents Ramesh Kumar and Savitri Devi started harassing Neha @ Anu Bala for bringing insufficient dowry. According to Ved Parkash some money and clothes were given to Neha @ Anu Bala and Vinod Kumar and his parents remained quiet for some time but later they then demanded a scooter which Ved Parkash was not in a position to provide a scooter. However, he gave Rs. 20,000/- to his daughter who paid it to her husband. The couple had a son in December 1999 in CMC Hospital, Ludhiana. Ved Parkash stated that he incurred the expenses for his daughter's treatment in hospital. Ved Parkash also gave customary presents at the birth of the child-Shushak. Ved Parkash alleged that after some time Vinod Kumar, his parents as well as brother Satish Kumar, sisters Seema, Reeta and Anupam and brother-in-law Pardeep Kumar (Reeta's husband) started harassing Neha @ Anu Bala for bringing insufficient shushak. They also asked her for a car and Rs. 11000/- for each of them. Neha @ Anu Bala told her husband and his family that her parents had given enough and were unable to give more dowry but they continued harassing her. The entire episode was narrated to Ved Parkash by his daughter on a visit to Barnala. Thereupon, Ved Parkash, his wife and brother Krishan Chand along with Neha @ Anu Bala went to the in-laws house at Bhadaur where they met Vinod Kumar and his parents as well as Satish Kumar, Seema, Anupam, Reeta and Pardeep Kumar and told them that they were not in a position to give more dowry and their daughter should not be harassed but they replied that they would only keep his daughter if she brought a car and paid the above amounts. When Ved Parkash left the house his daughter told him that he should take her with them otherwise she would be killed. However, Ved Parkash assured his daughter about safety and left her with husband. Harassment continued. Neha @ Anu Bala telephoned her father and told him that her in-laws were harassing her at the instance of Kasturi Lal and that she should be taken back. This was in May 1999. Much later on September 21, 1999 Neha @ Anu Bala called up her father and told him that she should be taken back otherwise she would be killed. Ved Parkash then called his brother and was preparing to leave for Bhadaur when a telephone call was received that Neha @ Anu Bala had received burns and she was being taken to Civil Hospital Barnala. Later Ved Parkash came to know that she had been taken to Ludhiana. When he reached Ludhiana along with his wife and brother at 6 PM and went to DMC Ludhiana he saw that his daughter had succumbed to extensive burn injuries. (the above has been culled from the statement of Ved Parkash as PW 1 on August 21, 2001).
After investigation the police sent up only Vinod Kumar and his parents Ramesh Kumar and Savitri Devi for trial but the trial court, after recording the statements Ved Parkash PW 1 and Ruldu Ram PW2, decided to invoke the provisions of Section 319 Cr.P.C. and ordered that Satish Kumar, Anupam Rani, Pardeep Kumar, Seema and Kasturi Lal be summoned as additional accused.

(3.)LEARNED counsel for the petitioners has argued that the evidence against the petitioners was insufficient to make them stand trial. Reference was made to the solitary instance of harassment and dowry demand made by the petitioners as revealed in Ved Parkash's statement with regard to the visit to Bahadur where he met Satish Kumar, Seema, Anupam, Reeta, Pardeep Kumar and where he was told that they would only keep his daughter after a car (had been provided) and aforesaid amount was paid to them (Rs. 11,000/- each).