CRR-2789-2019 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRR-2789-2019 (O&M)

DATE OF DECISION:-30.01.2020

PARAMJIT KAUR AND ANR.

...PETITIONERS..

V.

STATE OF PUNJAB

...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present: Mr. Jasjit Singh, Advocate,

for the petitioners.

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RAMENDRA JAIN, J. (ORAL)

CRM-32956-2019

For the reasons mentioned in the application, delay of 18 days

in filing the revision is condoned.

CRM stands disposed of.

CRM-32959, 38252 and 40150-2019

Applications are allowed as prayed for. Documents are taken

on record. Be tagged at appropriate place.

CRMs stand disposed of.

CRR-2789-2019

Through this petition, petitioners have assailed order dated

SONIKA

2020.02.04 14:43

I attest to the accuracy and

authenticity of this document

Chandigarh

CRR-2789-2019 (O&M)

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06.07.2019 of the trial court, whereby, they upon the application of the

prosecution/complainant have been ordered to be summoned as

additional accused under Section 319 Cr.P.C.

Briefly, husband of petitioner No.1 and that of the

complainant were real brothers. There was constant dispute about

division of property left by their deceased father. As per FIR, on

04.11.2016, some altercation took place in between the family

members. According to the complainant, the petitioners were trying to

forcibly raise a wall in the undivided share to which she resisted.

Petitioner No.1 brought sulphas tablets and threw it towards Ravinder

Singh, who further threw the same towards the husband of the

complainant. Husband of the complainant, in anger, consumed those

tablets and committed suicide.

On these broad allegations, FIR No.146 dated 04.11.2016 was

registered against five persons including the petitioners. During

investigation, petitioners were found innocent. Therefore, they were

placed in column No.2 in final report under Section 173(2) Cr.P.C.

Remaining co-accused were charge-sheeted.

Thereafter, the complainant appeared as PW-1 and again

named the petitioners responsible for suicidal death of her husband.

Pursuant thereto, prosecution moved an application under Section 319

Cr.P.C. to summon the petitioners as additional accused, which was

allowed vide order impugned herein.

SONIKA

2020.02.04 14:43

I attest to the accuracy and

authenticity of this document

Chandigarh

CRR-2789-2019 (O&M)

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Learned counsel contends that at the time of incident,

complainant was not present, because she had left the place to call the

respectable of the village. In fact, son of the complainant, being in

school, was also not present. The petitioners were falsely named in the

FIR and thereafter, by the complainant as PW-1.

Having given thoughtful consideration to the submissions

made by learned counsel and gone through the impugned order, this

Court finds the instant revision merit dismissal for the reasons to

follow:-

The complainant as PW-1 has specifically testified that the

petitioners compelled her husband to commit suicide. They were not

giving him due share in the property. They instigated her husband to

take poison. On the date of occurrence, they started digging earth from

a passage of the complainant to raise construction. They did not even

budge to their request for not doing so. Finally, altercation took place

and husband of the complainant committed suicide.

The above statement of the complainant cannot be taken

lightly in view of the suicidal death of her husband. There is no denial

of the fact that there was constant dispute regarding division of

property in between the petitioners's side and complainant's side.

This Court, being a revisional court, has a very limited

jurisdiction, which can only be exercised on following infirmities:- (i)

if the court below has exceeded its jurisdiction; (ii) has exercised its

SONIKA

2020.02.04 14:43

I attest to the accuracy and

authenticity of this do