D. P. Mohapatra, J. - (1.) Leave granted.
(2.) The limited question that arises for consideration in this case is whether the High Court committed any illegality / error in quashing the charge framed under Sec. 304 read with Sec. 34 of the Indian Penal Code (for short 'I.P.C.') against respondents 1 to 3 by the Sessions Judge in exercise of its powers under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.')
(3.) On receipt of a report regarding the murder of one Smt. Sudesh, who was the daughter-in-law of respondent 1 and wife of respondent 2, the police made an investigation and laid a challan against the three respondents under Sec. 173 (2), Cr. P.C. The Additional Sessions Judge, Karkardooma, on consideration of the challan and the papers filed along with it, framed charges under Sec. 498-A/34, IPC against all the three respondents and under Sec. 304/34, I.P.C. against the respondents 1 and 2 vide the order dated 19th February, 1996. The charge under Sec. 304/34, I.P.C. which is relevant for the purpose of this proceeding is to the following effect : "And secondly, that you Veer Bhan Gulati and Smt. Gian Devi, on or about 26-11-1991 a H.N.N.-11B/II, Dilshad Garden, both in furtherance of common intention caused the death of Sudesh with intention of causing such bodily injury as was likely to cause death or with the knowledge that your act was likely to cause her death and thereby committed an offence of culpable homicide not amounting to murder punishable under Sec. 304, IPC read with 34, IPC and within my cognizance." Shortly after the said order was passed, the accused persons filed a revision being Criminal Revision No. 113 of 1996 in the High Court seeking quashing of the charge under Sec. 304/34, I.P.C. which was disposed of by the order passed on 12-12-1997. On a perusal of the said order it appears that the High Court disposed of the revision petition accepting the suggestions made by the counsel for the petitioners (accused) and the counsel representing the State that the Addl. Sessions Judge may be directed to proceed to first record the medical evidence in the case and till the recording of such evidence presence of Gyan Devi and Raj Sehgal i.e. respondents 1 and 2 herein in Court be exempted as they would not be required for the purposes of identification and they can be effectively defended even in their absence. The learned single Judge accepted the suggestion and accordingly issued direction to the Addl. Sessions Judge to record the medical evidence first and till that part of the prosecution evidence is concluded to exempt the aforementioned accused from personal appearance in Court. The operative portion of the order reads as follows : "In view of what has been ordered above the learned counsel for the petitioners prays that without prejudice to the pleas which the petitioners may like to take after the recording of the medical evidence, the present petition be dismissed as withdrawn. Consequently, it is dismissed as withdrawn." In compliance with the direction in the High Court order, the Addl. Sessions Judge recorded the evidence of the doctors i.e. Dr. S.K. Verma (PW-1), Dr. Nagendra Prasad (PW-2), Dr. V. V. Gupta (PW-3) and V.P. Gupta (P.W.-5). Thereafter, the Public Prosecutor representing the State informed the Court that the prosecution has no other medical evidence to be led in the case. Thereafter an application was filed on behalf of the accused persons before the learned trial Judge seeking their discharge from the offence under Sec. 304/34, I.P.C. which was dismissed by the order dated 14th May, 1999. Thereafter, the accused persons filed an application under Sec. 482, Cr. P.C. assailing the legality of the order of the Addl. Sessions Judge and also seeking quashing of the charge under Sec. 304/34, I.P.C. framed against them. The said petition was allowed by the learned single Judge of the High Court and the charge framed under Sec. 304/34, I.P.C. against respondents 1 and 2 was quashed by the order passed on 7th December, 1999. The said order is under challenge in this appeal filed by the State.;