PREM CHANDRA GOE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRESENT criminal revision is directed against the order dated 14-6-2006, passed by 1st Additional Sessions Judge, chaibasa in S. T. No. 81 of 2006 arising out of Jagarnathpur P. S. Case No. 29 of 2005, whereby and whereunder, petition filed on behalf of the petitioners under Section 228 of the Code of Criminal Procedure was rejected and charges were framed against all the petitioners under Sections 313/498-A of the Indian Penal Code as also under sections 3/4 of the Dowry Prohibition Act and separate charge under Section 307 of the indian Penal Code against the petitioner no. 1 Prem Chandra Gope.

(2.) PROSECUTION story in short, was that the informant Shanti Gope (opposite party No. 2)was married to the petitioner No. 1 prem Chandra Gope in Sri Ram Mandir, jagannathpur on 12-5-1998 in presence of the parents and near relations of the spouse and with their consent. After marriage she came to her matrimonial home with the husband-petitioner No. 1 Prem Chandra gope and led a happy conjugal life for about 3/4 months and during that period she conceived but it was alleged that on the pretext of her treatment, petitioners got her aborted and thereafter behaviour of her husband and in-laws suddenly changed. Her husband demanded a motor-cycle in dowry whereas other co-accused persons perpetuated torture in various manner for dowry and demanded money for construction of the house. She was finally driven out but on the interference of elder brother of her husband she was allowed to live in a separate room. It was alleged that on 23-8-1998 her husband brutally assaulted and attempted to set her body on fire by pouring kerosene oil on her person but she escaped and saved her life. From there she returned back to her parental home. Though she complained before the village munda but he subterfuged the matter. Jagarnathpur police also did not take any action. She sent a written complaint to the superintendent of Police, Singhbhum West and on his interference Jagarnathpur police registered P. S. Case No. 29 of 2005 against the petitioners. According to the prosecution case petitioner No. 1 Prem chandra Gope is the husband, petitioner no. 2 Mukta Gope is the mother-in-law whereas petitioner No. 3 Shankarsan Gope is the father-in-law of the informant-opposite party no. 2 Shanti Gope. Police after investigation submitted chargesheet against the petitioners for the alleged offence under sections 313/307 of the Indian Penal Code.

(3.) MR. M. K. Dey, learned counsel, submitted that the petitioners had preferred a petition under Section 228 of the Code of criminal Procedure before the 1st Additional sessions Judge, Chaibasa on the ground that no offence was made out against any of the petitioners under Sections 313/307 of the Indian Penal Code which were exclusively triable by the Court of Session and hence their case may be transferred to be tried by the Chief Judicial Magistrate if at all any prima facie offence was found against them. The 1st Additional Sessions Judge rejected such petition without appreciation of the materials in the case diary such as no medical evidence was found or collected by the Investigating Officer either for the alleged offence under Section 313 of the Indian Penal Code or for the alleged brutal assault made to the opposite party No. 2 shanti Gope or that attempt was made to set her body on fire.