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 Addl. Sessions Judge (Fast Track), Jalore in Sessions Case No. 79/2001 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 Bhura and wife of Manna be also taken for the offence under Sections 498-A and 306 IPC and they be summoned as additional accused. The said application was rejected by the learned Addl. Sessions Judge (Fast Track), Jalore through order dated 13. 11. 2001. Aggrieved from the said order dated 13. 11. 2001 passed by the learned Addl. Sessions Judge (Fast Track), Jalore, this revision petition has been filed by the petitioner-complainant.

(3.) IN these circumstances when the sessions case had come to an end, the question that arises for consideration is whether these persons can be added as additional accused under Section 319 Cr. P. C. or not.