Ravindra Singh, J. - (1.) Heard Sri H.N. Singh and Sri B.N. Singh learned counsels for the applicant and learned A.G.A.
(2.) This application has been filed against the order dated 01-02-2005 passed by learned Sessions Judge, Sonbhadra in Session Trial No. 184 of 2004, State v. Matuk Lal and Ors. under Sections 498-A and 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, whereby the application under Section 319 Cr.P.C. filed by D.G.C. (Crl.) was allowed and the applicant Ram Awadh and co-accused Sikendar were summoned to face the trial under Sections 498-A and 304-B I.P.C. and Section 3/4 Dowry Prohibition Act and non-bailable warrants were issued against the applicant and co-accused.
(3.) The facts, in brief, of the present case are as under:An F.I.R. was lodged by one Kashi Ram Yadav in Case Crime No. C-2/2004 under Section 304-B I.P.C. and Section 3/4 Dowry Prohibition Act on 24.7.2004 against the applicant and co-accused Matuk Lal, Ramkeshwar Yadav, Smt Kewali, Anti Lal, Smt. Chukani Devi and Sikandar. After completing the investigation the I.O. submitted the charge sheet dated 10.9.2004 in the court of the learned Magistrate only against Matuk Lal, Ramkeshwar Yadav. Smt Kewali, Anti Lal and Smt Chukani alias Lalti Devi for the offences punishable under Section 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, but the charge sheet against the applicant and co-accused Sikandar was not submitted. On the basis of the charge sheet submitted by the I.O. the learned Magistrate took the cognizance against the abovementioned five persons, who were charge sheeted by the I.O. and the case was committed to the Court of the Sessions. During the pendency of the trial the statement of P.W. 1 Kashi Ram and P.W. 2 Ganga Ram were recorded in the court of Learned Sessions Judge on 11.1.2005 and 17.1.2005 respectively. Thereafter, on the basis of Statements of P.W.1 Kashi Ram and P.W. 2 Ganga Ram, the learned D.G.C. (Crl.) moved an application dated 21.1.2005 under Section 319 Cr.P.C. in the court of learned Sessions Judge, Sonbhadra praying therein that on the basis of the statements of the P.W. 1 Kashi Ram and P.W.2 Ganga Ram the applicant and the co-accused Sikander have also committed the alleged offence, so they may be summoned to face the trial, together with the other co-accused. Against that application, the objection was filed by the co-accused Matuk Lal and others through his counsel. After considering the statements of the P.W.1 Kashi Ram and P.W. 2 Ganga Ram and the objection filed by the accused persons the learned Sessions Judge, Sonbhadra allowed the application dated 21.1.2005 filed under Section 319 Cr.P.C. on 1.2.2005 and summoned the applicant and co-accused Sikandar to face the trial for the offences punishable under Section 498-A and 304-B I.P.C. and Section 3/4 Dowry Prohibition Act and non-bailable warrants were issued against them.;