Criminal Revision No.1805 of 2009

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Revision No. 1805 of 2009

Date of Decision: March 03, 2010

Sajjan Kumar

...........Petitioner

Versus

State of Haryana and others

..........Respondents

Coram:

Hon'ble Mrs. Justice Sabina

Present: Mr.Jatinder Nara, Advocate for the petitioner.

Mr.H.S.Benniwal,DAG Haryana

Mr.Ashwani Gaur, Advocate for respondents No. 2 and 3

**

Sabina, J.

Petitioner has filed this petition challenging order dated

7.4.2009 passed by the Additional Sessions Judge, Faridabad,whereby the

application moved by the prosecution under Section 319 of the Code of

Criminal Procedure (for short `Cr.P.C.) to summon Kamlesh and Kavita as

additional accused was dismissed.

Prosecution case, in brief as noticed by the learned

Additional Sessions Judge in para 2 of the impugned order, reads as under:-

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“2. As per prosecution case, on 23.10.2008 telephonic

information was received by the police that Smt. Antim was

admitted at Escorts Medical Centre Faridabad as a poisoning case.

ASI Desh Raj went there but the doctor declared patient to be

unfit for making the statement. Later on, the adoptive father of

Antim namely Sajjan Kumar approached the police and got

recorded his statement as per which, he was resident of village

Bhadani District Jhajjar. He had adopted his niece Antim alias

Monu when she was just eight months old. He had brought her

up. She studied upto to BA. Thereafter, he performed marriage

of his niece Antim alias Monu on 15.11.2006 with Ombir son of

Rajbir resident of village Machhgar Tehsil Ballabgarh by

spending the amount and dowry beyond his capacity. Three

months after the marriage, Antim came to village Bhadani and

told his brothers Ramesh and Jagdish that her husband Ombir,

mother in law Mahabiri, father in law Rajbir; and sisters in law

Kamlesh & Kavita used to taunt her that she was ugly and that her

uncle had not fulfilled the demands. They had a loan of rupees

three lacs on them and her uncle had promised to clear the said

loan. Hearing this, he (Sajjan Kumar) along with his brothers

Ramesh and Jagdish went to village Machhgar alongwith Anitm

at the place of her in laws and handed over rupees two lacs to

Rajbir in the presence of Ombir. Even thereafter, in laws of

Antim kept on maltreating her. Complainant and her daughter

kept on tolerating this and from time to time, he also used to

fulfill their small demands but he could not fulfill the demand of

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the in laws for Santro Car, though he had promised to fulfill this

demand at appropriate time. It was further stated by the

complainant Sajjan that on 22.10.2008 at 10 a.m., his nephew Joni

went to village Machhgar at the place of in laws of Antim taking

“Seedha (customary gifts) on Diwali. He found that Antim was

confined in a room which was locked. On his repeated requests,

Antim was brought out of the room and as she came out, she fell

down on the floor and told him that those people will kill her and

she had not been given meals for a week and that she was being

maltreated by way of Jadu-Tona through Tantrik. She also told

him that she was also beaten and hot salt and mustard are placed

on her hands. She requested him to call he uncle Sajjan and other

family members, so that she could be taken from that

place;otherwise, she will be finished. Joni narrated all this to the

complainant on telephone, who asked him to stay there. He along

with his brothers and other people reached village Machhgar at 4

p.m. and met Antim alias Monu, who was found lying on a cot in

semi-unconscious state. She requested him to take her from that

place; otherwise, she will be finished by her father in law, mother

in law, husband and sisters in law. Complainant talked with

father in law, mother in law and husband of Antim present there,