JUDGEMENT
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(1.)The instant criminal revision has been filed by the petitioner seeking to challenge the order dated 01.09.2016 passed by the Sessions
Judge, Kapurthala whereby, the application filed by the prosecution under
Section 319 Cr.P.C. for summoning of respondents No.2 to 6 as accused to
face the trial has been dismissed.
(2.)In brief, the facts of the case as stated in the FIR are that a marriage was solemnized of the deceased daughter of the petitioner with
Jaspal Singh, out of which wedlock one son namely Tejvir Singh was born.
It was alleged that when Jaspal Singh was married to the deceased, he had
not disclosed that he was already married to a girl at Philippines, which fact
came to their knowledge after the birth of the minor son. It has been
mentioned that because of this reason fights had been taking place between
both the deceased and Jaspal Singh and said Jaspal Singh started beating his
daughter daily. On 25.09.2014, at around 8/9 p.m., deceased Rajwinder
Kaur had called him that her husband is beating her and minor son, on
which they reached the matrimonial home of his daughter on 26.09.2014 at
around 4.30/5.00 p.m. On reaching there, he saw her dead body was lying
upside down, with grievous injuries on her eyes, cheeks and all over the
face. The minor son of the deceased was also dead. The matter was
reported to the police and after completing the investigation, a challan was
presented against accused Jaspal Singh, husband of the deceased and
respondents No.2 to 6 were kept in column No.2. Thereafter, charges were
framed and evidence of the prosecution started, in which petitioner-
complainant Harjap Singh appeared as PW1 and his further examination-in-
chief was deferred as the prosecution wanted to move an application under
Section 319 Cr.P.C. for summoning of respondents No.2 to 6 herein as
accused to face the trial. The application under Section 319 Cr.P.C. moved
by the prosecution was dismissed by the trial court by an order dated
01.09.2016, which order has been assailed in this criminal revision.
(3.)Mr. P. S. Ahluwalia learned counsel for the petitioner herein would contend that respondents No.2 to 6, who are relatives of accused-
Jaspal Singh, had played an active role in the killing of daughter of the
petitioner-complainant along with her minor son. It is argued that the
petitioner herein while appearing as PW1 had deposed before the trial court
the mode and manner in which his daughter and the minor grandson were
killed. It is argued that this is a case of a double murder of a young woman
and her minor child, with an eye on the property of the husband. In support
of his arguments, learned counsel relied upon judgments rendered by the
Apex Court in Hardeep Singh vs. State of Punjab and others , 2014(1)
RCR (Criminal) 623 and Sunil Kumar Gupta and others, Criminal Appeal
No.395 of 2019(Arising out of SLP (Crl.) No.4626 of 2017, decided on
27.02.2019.
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