SHANKAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sanjeev Kumar, learned counsel for the appellant assisted by Mr. Ravi Kumar Pandey, Mr. Sumit Shekhar Pandey for the Respondent No. 2 and Mr. Dilip Kumar Sinha, learned A.P.P. for the Respondent -State.

(2.) Learned counsel for the appellant has referred the averments made in the memo of the appeal and thereafter contended that the present appellant filed an F.I.R. against Respondent No. 2 for committing the offence punishable under Ss. 304B, 306 of I.P.C. and Ss. - 3 and 4 of Dowry Prohibition Act. It is further submitted that, after investigation, the investigating agency filed the charge-sheet against the Respondent No. 2/accused before the concerned Magistrate Court. However, the case was exclusively triable by the Court of Sessions and, therefore, the concerned Magistrate committed the same to the Sessions Court.

(3.) It is submitted that before the Sessions Court, the prosecution examined 9 witnesses and produced documentary evidence. The defence has also examined 1 defence witness. Thereafter, statement of the Respondent No. 2/accused under Sec. 313 of the Code came to be recorded.