SHYAMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure is for quashing an order dated 12.10.1993, passed by the 4th Additional Sessions Judge, Aurangbad, taking a decision to frame charges under Section 304 B of the Indian Penal Code against, the petitioners.

(2.) It appears on 28.8.1985 one Tapeshwar Singh (opposite party No. 2) lodged a case under Sections 302, 301 and 120 B of the Indian Penal Code (in short the CodeT). The Police after close of investigation submitted a final report under Sections 498 A, 306 and 201 of the Code. The 3 learned Magistrate took cognizance of the offence and summoned them to face trial.

(3.) During course of trial prosecution examined all the witnesses and the case was fixed for judgment. But the trial courts instead of delivering judgment by the impugned order held that the offence, alleged, was with respect to a dowry death. Therefore, in his opinion, it was essential to frame a charge under Section 304 B of the Code.