JAIBUN NISHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ON 18.4.2007 Petitioners have invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, praying for quashing the order dated 8.3.2007 passed by the learned 5th Additional Sessions Judge, Jamshedpur in Sessions Trial No. 310 of 2006, whereby the learned trial Court, in exercise of its powers under Sec. 319, Cr.P.C., summoned the petitioners to face trial in the case before it vide Sessions Trial No. 310 -A of 2006.

(2.) HEARD learned Counsel for the petitioners, learned Counsel for the State and learned Counsel for the opposite -party No. 2.

(3.) LEARNED Counsel for the petitioners has vehemently argued that the trial Court has passed the impugned order in purported exercise of its powers under Sec. 319, Cr.P.C., without application of judicial mind and without appreciating the evidences on record in proper perspective. Learned Counsel explains that the prosecution has claimed that P.W. 2, P.W. 5, P.W. 6, P.W. 7 and P.W. 8 have supported the prosecution's case and have deposed against the present petitioners, but even on a cursory glance at the depositions of the aforementioned witnesses, it would transpire that all of them are near relations of the deceased and, therefore, highly interested and none of them has made any direct or specific allegation against the present petitioners in respect of the offence alleged. Learned Counsel explains that the statements of these witnesses are vague and unspecific and do not throw any light whatsoever to suggest even remotely that the petitioners were involved in causing death of the deceased or that they are in any manner responsible for the suicide committed by the deceased. Learned Counsel explains further that none of the witnesses has alleged any such act on the part of the petitioners which could be construed as a direct or proximate cause for the death of the deceased and, therefore, the petitioners cannot be subjected to the rigours of the trial merely on the presumption that they being members of the matrimonial family of the deceased, are also deemed to be responsible for the death of the deceased. Amit Ambar Kachhap Versus Union Of India