SAMARTHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Complainant against the order dated 13/11/2001 passed by the learned AddI. Sessions Judge (Fast Track). Jalore in Sessions Case No. 79/200 1 by which he rejected the application filed under section 319 Cr.P.C. by APP.

(2.) It arises in the following circumstances: On the report of the complainant petitioner Samartharam. FIR No. 59/ 2001 was registered at Police Station Sayala District Jalore on 17/5/2001 and after investigation police submitted challan for the offence under section 306 IPC against only one accused Rawataram, who is husband of deceased. After recording of statements of ten prosecution witnesses the learned APP filed an application under section 319 Cr.P.C. before the trial court with the prayer that cognizance against Kheta, Natha. Teja. Panna. Bhura. Manna, Soni wife of Bhuraand wife of Manna be also taken for the offence under sections 498A and 306, IPC and they be summoned as additional accused. The said application was rejected by the learned AddI. Sessions Judge (Fast. Track), Jalore through order dated 13/11/2001. Aggrieved from the said order dated 13/11/2001 passed by the learned AddI. Sessions Judge (Fast Track), Jalore this revision petition has been filed by the petitioner complainant.

(3.) In this revision petition it has been submitted by the learned counsel for the petitioner complainant that the impugned order is erroneous one as the names of the persons to be added are found in the report as well as in the statements of the witnesses recorded during trial in court. Hence it was prayed that this revision petition be allowed and the impugned order dated 13/11/2001 passed by the learned AddI. Sessions Judge (Fast Track). Jalore be set aside and the application under section 319 Cr.P.C. be allowed and the persons mentioned in that application be summoned as additional accused.