MAHADEVAPPA Vs. STATE; MAHANANDA

JUDGEMENT

(1.) The petitioner has approached this Court seeking for setting aside the order passed by the learned II Addl. Civil Judge (Jr. Dn.) & JMFC, Kalaburagi in CC No.406/2009 (Crime No.57/2008), in ordering for inclusion of Section 315 of IPC along with other offences.

(2.) The Police have submitted charge sheet against the petitioner and others for the offence punishable under Section 147, 148, 498(A), 341, 323, 324, 313, 307, 504, 506 read with Section 149 of IPC. On the basis of the charge sheet, the learned Magistrate has taken cognizance of the offences and in pursuance of the summons issued, the accused persons have made their appearance before the Court. The Court also framed charges against the accused for the above said offences and proceeded with the trial. In fact, the records also disclose that the Trial Court has recorded the evidence of the six witnesses and set down the case for further evidence. At that time, it appears the learned Addl. Public Prosecutor has made an application u/s.323 of Cr.P.C. praying the Court to take cognizance of the offence punishable under Section 315 of IPC and to commit the case to the Court of Sessions for trial. The learned Magistrate after going through the evidence of PW1 Complainant and also the evidence of the doctor PW-2 - Revathi and the documents Ex.P3 and P4, ultimately passed an order that it is a fit case to commit to the Court of Sessions. Therefore, he took cognizance of the offence u/s.315 of IPC and vide order dated 26.6.2015, committed the case to the Court of Sessions. Against which order, the present petition is filed.

(3.) On careful perusal of the evidence of PW1, as relied upon by the learned Magistrate, she has stated in the course of her examination in chief, that the accused persons have forcibly taken her to the Nursing home and got her aborted on 11.2.2006 and also threatened her with dire consequences of killing, if she reveals the said factum to anybody.