MAHENDRA PRASAD JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State.

(2.) THE petitioners are aggrieved by the order dated 26.03.2007 passed by Shri A. K. Mishra No. 2, learned Judicial Magistrate, Dhanbad, in Dhanbad P.S. Case No. 559 of 2004, corresponding to G.R. Case No. 2925 of 2004, whereby the application filed by the petitioners u/s 239 of the Cr.P.C., for discharge, has been rejected by the Court below, finding that there are sufficient materials in the case diary for framing charge u/s 304 A/ 34 of the Indian Penal Code.

(3.) FROM the case diary, it appears that the post mortem examination of the deceased was done by a Board of Doctors. The concluding portion of the post mortem report reads as follows :-