DHARA & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition under Section 397/401 of the Criminal Procedure Code 1973, preferred by the accused /petitioners is directed against an order dated 8 th July 2011 in Sessions Case No. 73/2011 passed by the Additional Sessions Judge (Fast Track) Jaura, district Morena, issuing thereby non-bailable warrants against the accused for their production on a supplementary charge-sheet filed before the court for their commission of offence punishable under Sections 302/34 and 506 (part-II) of I.P.C.

(2.) The facts in short are that on 2 nd September 2010 at about 4 p.m. the prosecutrix went to attend call of nature at the field. At that juncture, the accused namely, Shera Dhara and Kalla came there and asked her to accompany. Thereafter, accused Shera enticed her away to his Tipariya where all the three committed rape on the prosecutrix one after another. After leaving from the clutches, next day in the evening, she went back to her house and narrated the whole incident to her mother. She thereafter jumped into well and committed suicide. A Dehati Nalish in the hospital was written by the Inspector In-charge of the Police Station Baghchini. After inquiry, the FIR was lodged and the crime was registered against the accused for commission of offence punishable under sections 363, 366, 342 and 376/34 of I.P.C. The investigation was set in motion. After investigation, the charge-sheet was filed in a criminal court at Jaura. After filing the charge-sheet against the petitioners before the competent criminal court, the prosecutrix was died and the offence under Sections 302/34 and 506 (part-II) of I.P.C. was added. After subsequent investigation in to crime, the supplementary charge-sheet was filed.

(3.) It is submitted by the learned counsel that earlier the accused/petitioners were benefited by granting bail in Misc.. Cri.C. No. 221/2010 by an order dated 24 th September 2010, Misc. Cri. No. 231/2010 by an order dated 5 th October 2010, and Misc. Cri. C. No. 239/2010 by an order dated 21 st October 2010 by the court of the Additional Sessions Judge Jaura. But pursuant to filing of the supplementary charge-sheet for the alleged offence under Sections 302/34 and 506 (part-II) of I.P.C., the learned Additional Sessions Judge recalled all his earlier orders and issued the arrest warrants for production of the petitioners/accused before him.