TMI Blog2009 (7) TMI 1335X X X X Extracts X X X X X X X X Extracts X X X X ..... igarh whereby and whereunder the revision application filed by them questioning the legality and/or validity of the order dated 11th September 2006 passed by the learned Addl. Sessions Judge, Jalandhar allowing an application under Section 319 of the Code of Criminal Procedure (for short, `the Code') filed by the complainant (respondent No. 2 herein) summoning them as additional accused in connection with FIR No. 45 dated 13th March 2005 under Sections 306/509/420/120B/456 of the Indian Penal Code, was dismissed. 3. Appellants and one Sarabjit Singh used to live together. Sarabjit Singh is the brother of the appellant No. 2. He used to follow the deceased Rajni despite protests made by her. He gave a proposal of marriage to her which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itional accused in the said case, stating: I have heard the learned Addl. P.P. for the state as well as perused the documents in the file, as well as statement made by Subhash Chander father of Rajni before the police as well as his statement recorded in the Court and also the statement of Rajni deceased at the time of her death given to the police. Rajni as well as her father have named both Harbhajan Singh and Rajnit Kaur as active participants in the commission of the offence of abetting her suicide alongwith accused Sarbjit Singh @ Sabhi. All three of them have black mailed her by throwing her nude photographs before her house as well as in front of the house of her uncle in order to defame her and in order to pressurize her to marr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arabjit Singh are responsible for her suicide. In view of the aforesaid, it cannot be said that there is no prima facie for proceeding against the petitioners. The impugned order does not suffer from any illegality or error of jurisdiction. 7. Mr. Satinder S. Gulati, the learned Counsel appearing on behalf of the appellants would submit that the learned Addl. Sessions Judge as also the High Court committed a serious error insofar as they failed to take into consideration that the ingredients of Section 306 of the Indian Penal Code having not been fulfilled inasmuch as the immediate cause for committing suicide being throwing of nude photographs of the deceased having been attributed to Sarabjit Singh alone, the appellants could not have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with statements made by the prosecution witnesses show commission of an offence. Appellants took side of Sarabjit Singh. They not only asked the deceased to marry him but even threatened her as also her parents that in case of refusal, she would be defamed'. It is not possible, keeping in view the nature of evidence which was made available before the learned Addl. Sessions Judge, to arrive at a conclusion that the said evidence, even if given face value and taken to be correct in its entirety; had not disclosed commission of an offence or on the basis thereof a judgment of conviction cannot be recorded at all. Appellants had raised certain defences. The same ultimately may or may not be accepted. But, indisputably, at this stag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2002CriLJ2806 : (2002) 5 SCC 738; Kailash v. State of Rajasthan and Anr. 2008CriLJ1914 : 2008(3) SCALE 338 and Sarabjit Singh and Anr. v. State of Punjab and Anr. 2009 (8) SCALE 175]. 11. In the case of Mohd. Shafi (supra), an application under Section 319 of the Code was filed by a witness. He was not the complainant. He had no locus standi to file the application. In that case, the trial Judge had refused to pass an order on the application filed by the complainant under Section 319 of the Code stating that the matter would be considered only after the cross-examination of the witnesses is over. The State was not aggrieved by that order and in that situation this Court refused to interfere with the inference that such an order by the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age evidence as used in Section 319 of the Code would not mean evidence which is tested by cross-examination. 14. Even if what is contended by the learned Counsel is correct, it is not for us to go into the said question at this stage; herein cross-examination of the witnesses had taken place. The Court had taken into consideration the materials available to it for the purpose of arriving at a satisfaction that a case for exercise of jurisdiction under Section 319 of the Code was made out. Only because the correctness of a portion of the judgment in the case of Mohd. Shafi (supra) has been doubted by another bench, the same would not mean that we should wait for the decision of the larger bench, particularly when the same instead of assi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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