BHUDEO YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This is an application under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter to be referred to as 'the Code') against the order dated 3.7.2001 passed by the Sessions Judge, Deoghar, in Sessions Case No. 237 of 2000, whereby and whereunder, the learned Sessions Judge rejected the petition dated 30.1.2001 filed by the prosecution under Section 319 of the Code for summoning the accused-opposite party No. 2 (Rina Devi, sister-in-law of the deceased) to face the trial.

(3.) The learned counsel appearing on behalf of the petitioner sub- mitted at the very outset that PWs 1 and 2 who were examined during the trial have specifically stated the name of opposite party No. 2 (Rina Dev) for torturing the deceased as indicated in paragraphs 3 and 2 res- pectively of their deposition. It is also submitted that the learned Court below committed error in rejecting the petition under Section 319 of the Code only on mere conjectures by taking the view and collected the materials during the course of investigation which has got no value or merit when the trial begins and the witnesses start deposing.