LAWS(MPH)-1998-4-41

NARMADAPRASAD PANDEY Vs. STATE OF M P

Decided On April 16, 1998
NARMADAPRASAD PANDEY Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS revision under Sections 397/401, Criminal Procedure Code is directed against the order dated 8. 1. 1998 of the 1st Addl. Sessions Judge, Dhar, passed in S. T. No. 239/97 allowing application filed under Section 319, Criminal Procedure Code by the complainant respondent No. 4 and directed the applicants to stand trial together with two other accused respondents No. 2 and 3, for offence under Section 304-B, r/w Section 34, Indian Penal Code.

(2.) A married woman Sangitabai died on 13. 4. 1997 of burn injuries within 7 years of her marriage. Police Dhar after conducting inquest under Section 174, Criminal Procedure Code registered a Crime under Section 304b, Indian Penal Code and after usual investigation charge-sheeted respondent No. 2 Yogendra the husband of the deceased and his older brother Ashok the respondent No. 3. They stand trial on the charge under Section 304-B, Indian Penal Code. The case was committed to the Court of Sessions. The learned Sessions Judge recorded evidence in the case. Respondent No. 4 Radheshyam the father of the deceased made an application under Section 319, Criminal Procedure Code for impleading applicants Narmadaprasad and Smt. Kusumadevi the parents of respondent No. 2 as co- accused of the case. The learned A. S. J. on consideration of the evidence on record " came to the conclusion that the applicants herein have also committed the offence under Section 304-B, Indian Penal Code for which they could be tried together with the accused-respondents No. 2 and 3. The Court below accordingly allowed the application vide order impugned, thus giving rise to the present revision.

(3.) I have heard Mr. K. G. Maheshwari, learned Counsel for applicants; Mr. Girish Desai, learned G A for respondent No. 1 - State; and, Mr. R. P. Shukla, learned Counsel for respondent No. 4.