MOHAMMAD ISHAQUE MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application has been filed against the order dated 8-11 -2002 whereby and whereunder the learned Additional Sessions Judge. Giridih rejected the petition under Section 319 of the Code of Criminal Procedure (hereinafter referred to as "the Code") in Sessions Trial No. 373 of 2000 arising out of Gandey P.S. case No. 11 of 2000 registered under Sections 304B, 201 and 34 of the Indian Penal Code.

(2.) The prosecution case in brief is that the father of the deceased lodged a first information report therein that the accused Sultan Main and his mother Lai Bano had killed her daughter in the night of 24-3-2000 at 9.30 pm. and dropped her dead body into the well. It is alleged that his daughter Noor Bano had been at her Sasural after the marriage solemnized with Sultan Mian, she was subject to torture. There was a demand of motorcycle and a sum of Rs. 10,000/- and due to non fulfilment of the demand, his daughter was done to death and her dead body was thrown in the well.

(3.) The police investigated into the case and submitted charge sheet. The witnesses were examined in the trial Court. Thereafter the informant/prosecution filed a petition under Section 319 of the Code praying therein for issuance of summons against opposite party Nos. 2 to 5 for facing their trial on the grourid that the witnesses examined during trial also named these persons for being involved in the crime. The Court below after hearing both sides rejected the petition by order impugned, hence this revision application.