JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Appellants are before us aggrieved by and dissatisfied with the judgment and order dated 19th March 2008 passed by a learned Single Judge of the High Court of Punjab & Haryana at Chandigarh whereby and whereunder the revision application filed by them questioning the legality and/or validity of the order dated 11th September 2006 passed by the learned Addl. Sessions Judge, Jalandhar allowing an application under Section 319 of the Code of Criminal Procedure (for short, ‘the Code’) filed by the complainant (respondent no.2 herein) summoning them as additional accused in connection with FIR No.45 dated 13th March 2005 under Sections 306/509/420/120-B/456 of the Indian Penal Code, was dismissed.

3. Appellants and one Sarabjit Singh used to live together. Sarabjit Singh is the brother of the appellant no. 2. He used to follow the deceased Rajni despite protests made by her. He gave a proposal of marriage to her which was not accepted. Appellants also asked her to marry Sarabjit, but she refused. She was threatened of being blackmailed stating that some obscene photographs of hers would be shown to others. On 12 th March 2005 Sarabjit Singh threw some obscene photographs of the deceased at her house as well as at the house of her paternal uncle - Kamaljeet. He telephoned the deceased that her father and uncle must have received the gift sent by him. She thereafter committed suicide by consuming ‘sulphos’ tablets.

4. A First Information Report was lodged. However, the charge-sheet was submitted only against Sarabjit Singh. Witnesses were examined before the learned Addl. Sessions Judge. They categorically stated that not only Sarabjit Singh but also the appellants, when informed that the deceased did not want to marry Sarabjit, threatened that they would ‘defame’ Rajni. According to the said witnesses, they had gone to the house of Harbhajan Singh - appellant no.1 a week prior to her death in that connection. It was categorically stated that the deceased consumed ‘sulphos’ tablets as Sarabjit and the appellants used to harass her. In cross-examination, the complainant- Subhash Chander furthermore stated that his sons had informed him that they had received a telephonic message from Sarabjit Singh as to whether they had received the gift sent by him to them.

5. The learned Addl. Sessions Judge passed the said order dated 11th September 2006 summoning the appellants as additional accused in the said case, stating:

“I have heard the learned Addl. P.P. for the state as well as perused the documents in the file, as well as statement made by Subhash Chander father of Rajni before the police as well as his statement recorded in the Court and also the statement of Rajni deceased at the time of her death given to the police. Rajni as well as her father have named both Harbhajan Singh and Rajnit Kaur as active participants in the commission of the offence of abetting her suicide alongwith accused Sarbjit Singh @ Sabhi. All three of them have black mailed her by throwing her nude photographs before her house as well as in front of the house of her uncle in order to defame her and in order to pressurize her to marry Sarbjit Singh @ Sabhi. There is sufficient material to proceed against the accused. A lady at the time of her death will never tell a lie. The very fact that she has named all the three persons in the abetment of her suicide carries conviction. In view of the above said facts I allow the application and order that Harbharaj Singh son of Sarwan Singh and Ranjit Kaur w/o Harbhajan Singh both residents of E-104, Upkar Nagar (Jaimal Nagar), P.S. Division No.8, Jalandhar be summoned as accused to face trial alongwith accused Sarbjit Singh @ Sabhi as their summoning is essential in the interest of justice and for the just and proper decision of the case. They be summoned for 28.9.06.”

6. The High Court, by reason of the impugned judgment, has dismissed the revision application filed by the ap