IMPORTANT POINT
The court established that summoning an additional accused under Section 319 of the Cr.P.C. requires evidence exceeding a prima facie case, which was not present in this case.

JUDGMENT :

SUMEET GOEL, J.

1. Challenge in this criminal revision petition is made to the order dated 23.11.2021 passed by learned Additional Sessions Judge, Kurukshetra, in an application under Section 319 of the Code of Criminal Procedure, filed by the complainant and forwarded by the learned Public Prosecutor for the State.

2. Facts germane to the adjudication of dispute involved in the present case are that the complainant lodged an FIR bearing No. 95, dated 25.01.2020, under Sections 304-B and 34 of the Indian Penal Code, registered at Police Station City Thanesar, Kurukshetra. The case alleged in the FIR is that the marriage of the daughter of complainant was performed on 03.03.2018 with accused Manish Sharma, who is in custody. The complainant gave sufficient dowry, but the husband, father-in-law, mother-in-law, and the sister-in-law (petitioner herein) of his daughter were not happy with the dowry articles and used to torture his daughter for bringing less dowry. The daughter of complainant namely Priyanka called him telephonically on 24.01.2020, and informed him that since her in-laws were beating her, therefore, she should be taken from there. The complainant told her daughter that they will come next day i.e. on 25.01.2020. However, on 25.01.2020 he received phone call from his son-in-law, informing that there had been a scuffle with his daughter. Later on, Ajit Sharma uncle of his son-in-law informed him that he need not come as the matter has been resolved. However, again at 3.00 PM Ajit Sharma informed him that his daughter committed suicide by hanging. With these allegations the FIR was registered against the husband, father-in-law (since deceased), mother-in-law, and sister-in-law (petitioner herein).

3. During the course of investigation police arrested the husband of the deceased on 06.02.2020, after completion of investigation challan against him was presented. However, the police upon further investigation of the case arrested accused namely Kailash Sharma and presented supplementary Challan under Section 173(8) of the Cr.P.C. The present petitioner (sister-in-law) of the deceased was declared innocent in the matter by the Police.

4. During the course of recording of evidence at the trial stage, prosecution examined the complainant – father of deceased as PW-1. His Examination-in-Chief was recorded in the case on 08.11.2021. In his statement in the Court, he inter-alia deposed that he had given sufficient dowry at the time of marriage of his daughter with Manish Kumar. But Manish Kumar, his father Ashok Kumar (since deceased), his mother Kailash Rani, and his sister Kamya were not satisfied with the dowry articles given by him. He further deposed that the sister-in-law of the deceased, namely Kamya (petitioner herein) harassed his daughter, whenever she visited her parental home at Kurukshetra, for not bringing sufficient dowry. He stated that his daughter telephonically informed him in the evening of 24.01.2020 that all the accused were harassing her and beating her.

5. After recording of the Examination-in-Chief of the complainant to above effect, same day the application under Section 319 of Cr.P.C. was filed to summon the sister-in-law of the deceased (petitioner) herein as additional accused in the case. The learned Additional Sessions Judge, Kurukshetra while deciding the application dated 08.11.2021, vide order dated 23.11.2021 summoned the sister-inlaw of the deceased (petitioner herein) as additional accused to face trial in the matter.

6. The petitioner has assailed the order dated 23.11.2021 passed by the learned Additional Sessions Judge, Kurukshetra with the arguments that the petitioner is married to Mr. Harpal Sharma son of Sh. Ved Parkash resident of Village Jorasi Kalan since 29.04.2005 i.e. almost 15 years prior to the date of incident of death of daughter of the complainant. She has four children; eldest (boy) aged 15 years, younger to him (girl) aged 13 years, and youngest one (boy) aged 5 year