VINOD Vs. STATE

JUDGEMENT

(1.) This Revision is preferred against the order dated 13.10.2003 passed by the learned Additional Sessions Judge, Court No. 15, Meerut, whereby revisionists were summoned under Section 319, Cr.P.C. in a case under Sections 498A, 304B, I.P.C. and 3/4, Dowry Prohibition Act. Session Trial No. 479 of 2003, State of U.P. v. Girish Mohan and others.

(2.) The brief facts of this Revision are that one Ashok Kumar lodged an F.I.R. against Girish Mohan Garg and Deepak Mohan Garg at P.S. Brahmpuri, Meerut with the allegation that the accused have murdered his daughter by administering poison when their demand of dowry was not fulfilled.

(3.) After investigation, charge-sheet was submitted and case was committed to the Court of Sessions, thereafter the case was transferred to the Court of Additional Sessions Judge, Court No. 15, Meerut for trial. During the pendency of the trial, an application under Section 319, Cr.P.C. was moved by Additional District Government counsel with the allegation that the prosecution witnesses Ashok and Anandi Devi in their statement stated the name of revisionists Smt. Vinod and Kumari Lovely also involved in the crime. Both these names came in the light during the investigation. However, Investigating Officer has failed to Include these two persons in the array of the accused. Hence, these two accused persons be summoned under Section 319, Cr.P.C. and they be tried for the offence under Sections 498A and 304B, I.P.C. and 3/4 Dowry Prohibition Act.