SATISH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since these two revision applications arise out of the common order, they have been heard together and are being disposed of by this order.

(2.) The petitioners of both the applications have challenged the order dated 14.10.2009 passed in S.T. No. 17/09 whereby the court below has allowed the application of the prosecution filed under Section 319 Cr.P.C.

(3.) It appears that the prosecution filed a petition under Section 319 Cr.P.C. stating therein that though the informant, Panchu Mandal has stated in the FIR that the deceased Kunti Devi had informed him about cruelty and harassment and also demand of dowry made by the petitioners but the police, after investigation has not submitted charge sheet against them . It has further been stated in the said petition that after framing of charge only against the husband , Ashok Mandal, the prosecution witnesses have been examined and also cross examined who all have stated before the court regarding demand of dowry and harassment by Satish Mandal (father in-law), Sumitra Devi (mother-in- law) who are petitioners in Cr. Revision No. 960/09 and Kashi Mandal, brother in-law of the deceased and also Mithu Devi, wife of Kashi Mandal who, all are petitioners in Cr. Rev. No. 963/09. According to the prosecution, in view of all these facts, there are sufficient materials against these persons to constitute an offence under Section 304B IPC and also under Section 304B/34 IPC and, therefore, a case has been made out for summoning them under Section 319 Cr.P.C.