MADHO DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 15.11.2006 passed in Sessions Trial No. 904 of 2004 by the 3rd Additional Sessions Judge, Motihari, whereby he has been pleased to reject the petition filed on behalf of the petitioners under sec. 227 of the Code of Criminal Procedure for discharging them from trial.

(2.) It has been submitted by the learned Advocate of the petitioners that there is no material in the entire case diary that the deceased had died due to taking poisonous PEPSI, on the other hand, there is sufficient material in the case diary to come to the conclusion that the deceased had died due to drinking of wine in excess quantity. In support of his argument, learned Advocate of the petitioners has placed reliance upon the post mortem report as well as on the report of Forensic Science Laboratory (Annexure-4).

(3.) It has been submitted by the learned Advocate of the informant that there is suspicion that the deceased was offered poisonous PEPSI and due to drinking of poisonous PEPSI the deceased might have died.