UMESH CHANDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE complainant of complaint case No. 724 of 1998 giving rise to Daudnagar P.S. Case No. 159 of 1998 and then Sessions Trial No. 303 of 2006 has filed this application for quashing the order dated 28.5.2007 passed by the learned Presiding Judge, F.T.C. No. 3, Aurangabad whereby he has rejected the petition filed by the prosecution under Section 319, Cr PC for summoning Sunita Kumari and Rubi Kumari to face the trial alongwith the other accused who are already facing the trial.

(2.) THE complainant had filed the aforesaid complaint case after a delay of four months regarding an occurrence purportedly taking place on 25.6.1998 which was transmitted under Section 156(3), Cr PC to the concerned police station and on the basis thereof Daudnagar P.S. Case No.159 of 1998 was registered under Sections 304(B) and 201/34, IPC against the six persons arrayed as accused in the complaint petition.

(3.) IT is alleged that on 25.6.1998 a telephonic message was received from the matrimonial home of the Pushpa regarding her death whereupon the informant requested them not to cremate the dead body as they would arrive shortly. However, as it is alleged Pushpa 'sdead body had already been cremated before the informant could reach her matrimonial home. On enquiry they came to know that Pushpa had been killed by the accused persons by administering poison and the dead body was cremated surreptitiously to wipe out all evidence of the crime.