AVINASH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application has been preferred by petitioners against the order dated 9th March, 2004 passed by learned 1st Additional Sessions Judge, East Singhbhum, Jamshedpur in Sessions Trial No. 377 of 2001, whereby and whereunder while the Court-below while discharged the petitioners from the offence under Section 307 of the I.P.C. rejected their petition for discharge so far as charge under Sections 341, 323, 504 and 498A of the I.P.C. is concerned.

(2.) Counsel for the petitioners relied on a Judgment dated 23rd Dec. 2002 passed by learned. Principle Judge, Family Court , Singhbhum East, Jamshedpur in Matrimonial Suit No. 40/358 of 2001. It was submitted that the family Court after consideration of entire evidence on record, passed a decree for dissolution of marriage of petitioner No. 1, Smt. Manju Singh. It was also submitted that the aforesaid judgment which is based on evidence was produced before the Court below to suggest that no case was made out to proceed against the petitioner, but that was not taken Into consideration before passing the impugned order dated 9th March, 2004.

(3.) Counsel for the petitioner also placed reliance on the decision of the Supreme Court in the case of Sri Satish Mehra v. Delhi Administration, reported in 1997 BBCJ (SC) 52 , wherein the Supreme Court has held that the Sessions Judge is within his power to consider even materials, which the accused may produce at the stage contemplated in Section 227 of the Cr.P.C.