PANCHANAN BALLAV Vs. STATE

JUDGEMENT

(1.) These Rules are directed against an order of commitment of the petitioners for trial under Section 302 read with Section 34 of the Indian Penal Code.

(2.) The petitioners Panchanan Ballav and Bibh-abati Ballav alias Bibha Ballav were respectively the husband and the mother-in-law of one Provabati Ballav, deceased. The petitioners along with Bibhuti Bhusan Ballav, a younger brother of Panchanan, were sent up by the police upon a charge of murdering the said deceased Provabati Ballav.

(3.) The case for the prosecution was that at about 4.30 a.m. in the early hours of the morning of June 2, 1957, Provabati was thrown down on the pavement by Bibhuti from the first floor verandah of the petitioners' house and that, as a result, the woman died. It was also the prosecution case that for a considerable time preceding the tragedy, the deceased, had been subjected to great cruelty and torture in which all the petitioners had participated.