MISHRILAL Vs. STATE OF M P

JUDGEMENT

(1.) The two petitioners are aggrieved by the order dated 12.7.94 passed by the Addi. Sessions Judge, Narsingharh, in S.T. No. 87/92, whereby he has directed for framing of charges against the petitioners for offences under Sec. 302 IPC and in the alternative under Sees. 304-B, 177, 498-A and 201 IPC by its order dated 12.7.94. The learned Judge by the said order has also directed that S.T. 87/92 as also S.T. 43/93 shall be disposed of analogously and the evidence taken in S.T. 87/92 shall be read also in S.T. 43/ 93.

(2.) The petitioners aggrieved by the aforesaid order have preferred this revision application. Shri Jaisingh, attempted to argue that direction of the learned Judge for taking on to record the evidence recorded in S.T. 87/92 in S.T. 43/93 is illegal. However, later on he gave up this attempt and submitted that he will confine his prayer in relation to framing of charges only. It may be stated here that evidence of seven witnesses have already been recorded in the trial.

(3.) The charge levelled against the petitioner Mishrilal is that on 7.9.91, he has murdered Rashmi wife of Pravin Kumar which is punishable under Sec. 302 IPC. Alternatively this petitioner Mishrilal has been charged that he demanded dowry and subjected her to cruelty for dowry and as a result whereof, the said Rashmi died otherwise than under normal circumstances. Similar charges have been levelled against petitioner No.2 Pradeep Kumar. It may be stated that Mishrilal is the father-in-law of deceased Rashmi and Pradeep Kumar is the younger brother of the husband of deceased Rashmi.