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2017 Supreme(P&H) 2971

INTHEHIGHCOURTOFPUNJABANDHARYANA ATCHANDIGARH 
N.S.SHEKHAWAT, J.
Malkit Singh - Petitioner 
Versus
State of Punjab and another - Respondents 
CRR3401 of 2017(O&M) 
Decided On : 27-03-2026

Advocates Appeared:
For the Petitioner:Mr. B.S. Binder, Advocate
For the Respondent:Mr. M.S. Bajwa, DAG, Punjab. Mr. Arshdeep Singh Virdhi, Advocate

Judgment :

N.S.Shekhawat J.

1. The petitioner has filed the present revision petition against the impugned order dated 22.08.2017 (Annexure P-1) passed by the Court of Additional Sessions Judge, Kapurthala, whereby the petitioner has been summoned to face trial under Section 319 Cr.P.C.

2. Learned Counsel for the petitioner contends that the FIR (Annexure P-3) in the present case was initially registered on the basis of the statement made by Sukhwinder Kaur and the same has been reproduced below:-

“Statement of Smt. Sukhwinder Kaur wife of Kulveer Singh caste Lubana resident of Isser Buch PS Begowal district Kapurthala aged about 20 years stated that I am resident above mentioned address and working as a house lady. My marriage was solemnized on 30.4.2011 with Kulveer Singh son of Khajan Singh caste Lubana resident of Isser Bucha PO Begowal as per ceremonies. My husband came from foreign country Italy at the time of my marriage. My father gave a sufficient dowry and a Alto car was also given and good welcomed the members of the Barat. My husband Kulveer Singh went back to Italy after 25 days of my marriage and during the vacation he asked me regarding bring a less dowry and regarding a small car and upon my husband, my mother in law Sital Kaur devrani Nirmal Kaur, brother in law Malkit Singh (Devar), resident of Isser Bucha and Nanad. Simarjit Kaur wife of Nirmal Singh resident of Talwandi Sallan PS Tanda taunting to me regarding less dowry and small car and they said we want Ford Fiesta car and also said that you bring the car from his father otherwise you have no right to stay our house. I told to my husband about this on a telephone and my husband said to me on the telephone my brother, my mother and my sister are correct and why you bring a small car. My husband Kulveer Singh came on leave on December, 2011 from Italy. All the family members my husband Kulveer Singh, mother in law Sital Kaur, Devrani Nirmal Kaur, Nanad Simarjit Kaur and Gurmit Singh son of Santa Singh are resident of Isser Bucha, spoken bad words regarding bring less dowry and said that we will kill you by poisoning. My husband went back to Italy after spent a two months of vacation and my in laws family did not restrained to themselves from the activities and they harassed me and on dated 30.3.2012 My maternal house Begowal the ceremonies of the Path of Sukhmani Sahib and I and my mother in law Sital Kaur went there and after taking a Langar and when I taking a langer my mother in law compelled me to return the house and upon this I could not take langer and I told my father Kamaljit Singh that left to us to village Isser Bucha. At that time in our house Gurmit Singh son of Santa Singh who is in relationship as Jeth, Nirmal Kaur wife of Malkiat Singh, Setal Kaur mother in law, resident of Isser Bucha and my Nanad Simarjit Kaur wife of Nirmal Singh resident of Talwandi Sallan PS Tanda District Hoshiarpur were present. At that time from my large family Jeth Gurmit Singh son of Santa Singh, Nanad Simarjit Kaur both throw me on the floor, Mother in law Sital Kaur and Davrani Nirmal Kaur with intention to kill me forcibly give a some poisoning and went away from the house and I immediate standup and telephone to the father Kamaljit Singh and told that my in laws family forcibly give some poisoning medicine and said I going to died and drop the telephone and I start vomiting and I become unconscious and in that position my father Kamaljit Singh and Taya Shinagra Singh son of Sardar Singh resident, of Meerapur PS Tanda came to Isser Bucha and admitted to civil hospital Begowal in the unconscious position where doctor sahib of Begowal refer to DMC Ludhiana then my father and Taya admitted to me DMC Hospital Ludhiana and my treatment is going on and there I recorded the statement that my in law family on the instance of husband Kulvir Singh and Broher in law Malkit Singh with intention to kill me give the medicine. The statement heard which is correct I complainant so

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