HAREN SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. K. Mahanta, learned Sr. counsel for the petitioners and Mr. F. H. Laskar, learned Public Prosecutor.

(2.) This revision is directed against the order dated 28.2.97, passed by the learned Judl. Magistrate, 1st Class, Nagaon, in G.R. Case No. 1629/95, whereby the four petitioners before us were impleaded as accused as provided under Section 319 Cr. P.C.

(3.) The informant, Smt. Chandra Prabha Sarma, filed an FIR, registered as Dhing PS. Case No. 117/95 (G.R. Case No. 1629/95), alleging commission of offence under Section 498 A IPC by, as many as, five accused persons. After usual investigation, police submitted charge-sheet against only one accused, Prafulla Sarma, and did not submit charge-sheet against the petitioners stating, inter alia, that there is no sufficient evidence against them. The trial Court accordingly proceeded against accused Prafulla Sarma and during trial only one witness was examined. The trial Court, in view of the evidence of P.W.-1, held that there is sufficient materials against the present petitioners and, accordingly, issued summons for their appearance under Section 319 Cr.P.C.