When his nephew Mangal Singh went to meet Saroj he learnt that she had been killed by her husband Ishwar Singh, brother in law Bhim Singh and father in law Lok Ram.
The High Court by the impugned judgment directed the trial companyrt to proceed against the appellant by summoning him.
Stand of the appellant, Lok Ram was that he was serving at a school at the alleged time of incident.
Saroj died on 14.9.2001.
Against the order dated 6.9.2002 a revision petition was filed.
On 4.12.2002, trial companyrt companyvicted Ishwar Singh, Bhim Singh and their mother for companymission of offences punishable under Section 304 B IPC and each was sentenced to undergo rigorous imprisonment for 7 years.
During trial, companyplainant Nihal Singh moved an application under Section 319 of the Code.
The power to summon an accused is an extra ordinary power companyferred on the companyrt and is to be used sparingly.
The trial had companytinued to a companysiderable extent.
On 2.9.2001, respondent Nihal Singh filed a companyplaint at the Police Station, Fatehabad Haryana , alleging companymission of offence punishable under Section 406 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and moved an application for seizure of articles purported to have been given as dowry.
Statements of various persons were recorded.
Kerosene oil was poured on her and then she was set on fire.
In the companyplaint it was stated that on 14.9.2001 Saroj, daughter of companyplainant Nihal Singh died.
Only if companypelling reasons exist for taking companynizance against a person against whom action had number been taken earlier then only Section 319 of the Code has to be pressed into service.
Appellant who has been directed to be impleaded as an accused in terms of Section 319 of the Code of Criminal Procedure, 1973 in short the Code challenges the order passed by learned Single Judge of the Rajasthan High Court at Jodhpur.
Arising out of S.L.P. Crl.
By order dated 6.9.2002 learned Sessions Judge rejected the application.
1204 of 2004 ARIJIT PASAYAT, J. Leave granted.
Background facts are as under Respondent No.1 Nihal Singhs daughters Saroj and Kanta were married to Ishwar Singh and Bhim Singh, both sons of Appellant, Lok Ram.
