The exercise of power under Section 319 CrPC is discretionary and requires reasonable prospect of conviction.

S.S.Saron, J.

1. This revision petition has been filed against the order dated 4.9.2009 passed by the learned Additional Sessions Judge, Yamunanagar at Jagadhri, whereby the application of the State for summoning respondents-1 to 4 as additional accused in terms of Section 319 Code of Criminal Procedure (Cr.P.C. - for short) has been dismissed.

2. The FIR in the case has been registered on the complaint filed by Mahinder Singh - petitioner under Section 156(3) Cr.P.C. It has been alleged that the marriage between Tajinder Singh and Balwinder Kaur was solemnized on 22.9.1985. After marriage, they lived as husband and wife but they had no issue. According to the complaint, the couple could not bear a child due to physical disability of Tajinder Singh - accused which came to light on his medical investigation. Thereafter in December 1999, Tajinder Singh, in due consultation with his mother - Swaran Kaur (respondent-1) as also Jaswant Singh - father of Tajinder Singh, decided to adopt the maternal grandson of the complaint i.e. the son of the other daughter of the complainant namely Smt Balbir Kaur wife of Pritpal Singh. Accordingly, their son namely Mehakdeep Singh was adopted in the month of December 1999. Although, Mehakdeep Singh had been adopted by Tajinder Singh - accused and his wife - Balwinder Kaur with the consent of Swaran Kaur (respondent-1), but the behaviour and attitude of Tajinder Singh and Swaran Kaur (respondent-1) as also Jaswant Singh (since deceased) was very rude and cruel towards Mehakdeep Singh. They treated him with cruelty by humiliating him. On account of this, Balwinder Kaur - daughter of the complainant got upset and mentally tense. Whenever the daughter of the complainant asked her husband - Tejinder Singh and her mother-in-law - Swaran Kaur as also her father-in-law - Jaswant Singh to celebrate the birthday of Mehakdeep Singh, they avoided the same on one pretext or the other. With the passage of time, their behaviour, it is stated, became worse towards Mehakdeep Singh. It is alleged that Tajinder Singh - accused, Smt Swaran Kaur (respondent-1) and Jaswant Singh (since deceased) conspired amongst themselves for committing the murder of Balwinder Kaur. In this way, Tajinder Singh, Swaran Kaur and Jaswant Singh used to instigate and abet Smt Balwinder Kaur for committing suicide. On 26.2.2002 at about 2 p.m., the complaint received a telephonic message at the farmhouse of his brother. He was informed by someone that his daughter had suffered a heart-attack and was admitted in the Civil Hospital at Jagadhri. The complainant along with his brother and other relatives reached there where they found Smt Balwinder Kaur lying dead. On inquiry, Tajinder Singh - accused, Smt Swaran Kaur (respondent-1) and Jaswant Singh (since deceased) conspired amongst themselves for committing the murder of Balwinder Kaur. In this way, Tajinder Singh, Swaran Kaur and Jaswant Singh used to instigate and abet Smt Balwinder Kaur for committing suicide. On 26.2.2002 at about 2 p.m., the complainant received a telephonic message at the farmhouse of his brother. He was informed by someone that his daughter had suffered a heart-attack and was admitted in the civil Hospital at Jagadhri. The complainant along with his brother and other relatives reached there were they found Smt Balwinder Kaur lying dead. On inquiry, Tajinder Singh - accused, Smt Swaran Kaur (respondent-1) and Jaswant Singh as also Harvinder Singh and Joginder Singh (respondents-2 and 3, respectively) stated that statement of Smt Balwinder Kaur had already been recorded by a Magistrate and in said statement, she did not blame anyone and did not hold anybody responsible for her death. The complainant and his relatives were under heavy shock and could not imagine the mala fide and dishonest intention as also the criminal conspiracy hatched by the aforesaid accused persons and relied upon their version. A Police personnel at the spot obtained the signatures of t