104

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR-2470-2017

Date of decision: April 09, 2019

Babli Devi

....Petitioner

Versus

State of Haryana and another

....Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. S.S. Duhan, Advocate for the petitioner.

Mr. Himmat Singh, DAG, Haryana.

Mr. Munish Kumar Garg, Advocate for respondent No.2.

ARVIND SINGH SANGWAN J.

Prayer made in this petition is for setting aside the order dated

9.5.2017 passed by the Additional Sessions Judge, Jind vide which the

application filed under Section 319 Cr.P.C. was dismissed in case FIR

No.168 dated 24.7.2015 under Sections 323/452/306 IPC registered at Police

Station, Julana.

Brief facts of the case are that complainant-Babli Devi-

petitioner got the FIR registered with the allegations that she has two minor

children and for the last about ten years, her husband Sammat was having an

illicit relations with Sudesh wife of Rajesh @ Raja, resident of the same

village. Sudesh used to force her husband for illicit relations in order to

extort money. In this regard, many times Panchayat was convened in the

village. It is further stated that for the last week Sudesh, along with his son

Mohit used to beat her husband at the house of the complainant and in the

SATISH KUMAR

2019.04.12 15:44

I attest to the accuracy and

integrity of this document

CRR-2470-2017

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fields and were demanding Rs.3 lacs, failing which they threatened him to

involve in a false case of rape.

On 24.7.2015 at about 7.00 a.m. Sudesh and his son Mohit came

to their house and raised a quarrel with the complainant, her son Ankush and

husband, thereafter, they took her husband towards the fields. When the

complainant and her son were going to inform the police, her brother-in-law

Sunil @ Bhiru met them at the Bus Stand of the village and informed that

her husband Sammat has taken some poisonous substance. When the

complainant reached in the fields and found her husband to be lying

unconscious and was taken to hospital where he was declared brought dead.

The police, after registration of the FIR, conducted the

investigation and submitted the report under Section 173 Cr.P.C. against

Sudesh wife of Rajesh, whereas her son co-accused-Mohit (respondent No.2)

was found innocent by the police.

After the complainant examined herself as PW2, she moved an

application under Section 319 Cr.P.C. In the application (Annexure P-2) it is

stated that despite of attribution of specific role to Mohit, the police has not

submitted the challan and in view of the statement of the complainant, who

has reiterated the version given in the FIR, Mohit be also summoned as an

additional accused.

Reply on behalf of Sudesh, who was facing the trial, was filed

and the application was contested. It was stated in the reply that police

thoroughly investigated the case and found that Mohit was innocent. It is

further stated that complainant-Babli Devi, while appearing before the Court

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as PW2 has improved the prosecution version as given in the original

complaint and her statement under Section 161 Cr.P.C. It is also stated that

no date, month or time was given in the application regarding committing of

the offfence and as per whole version of the complainant, Mohit was not

present at the spot and he was not attributed any injury. It is also stated that

there was no dying declaration of the deceased and Mohit is a juvenile and

the application is moved to harass and implicate him in a false case.

The trial Court vide impugned order dated 9.5.2019 dismissed

the application. The operative part of the order reads as under :-

“13. After lodging the FIR on the statement of

complainant, investigation was carried out. Post-mortem

on the dead body of deceased was got conducte