Jaya Roy, J. - (1.) HEARD the learned Counsel for the Petitioner, the learned Counsel for the State and the learned Counsel for the Opposite Parties Nos. 2 & 3.
(2.) THE Petitioner has filed the instant revision application against the order dated 18.11.2009 passed in S.T. No. 110 of 2007 arising out of Chandan Keyari (Barmasia) P.S. Case No. 119 of 2006 vide G.R. case No. 1146 of 2006 under Sections 302/34 of the Indian Penal Code by the Additional Sessions Judge, F.T.C. -II, Bokaro whereby the prayer for summoning the opposite party Nos. 2 and 3 under Section 319 of the Code of Criminal Procedure. has been rejected. The case of the prosecution based on Fard Beyan of Urmila Devi wife of Koka Manjhi @ Tulsi Manjhi recorded on 14.10.2006 before Barmasia O.P. is that she was married about three years before with her husband Tulsi Manjhi who was dumb. She has no child. Her husband has two elder brothers (Bhainsurs), namely, Sadhak Manjhi and Dubraj Manjhi who after partition live separately. However, her father -in -law and mother -in -law used to reside with her husband. The property of the family members of the Informant was partitioned into four parties which was not liked by the aforesaid elder brothers of her husband (Bhaisures) and they always used to quarrel with the Petitioner's husband Tulsi Manjhi and they also used to threaten to kill them as they want to grab the share of the property of the Informant and her husband. On 13.10.2006 Sadhak Manjhi and Dubraj Manjhi who are Bhaisurs of the informant, quarreled with her husband and on the same day at about 7.00 P.M. while she was in her room along with her husband and her father -in -law and mother -in -law went to sleep to some other place, her aforesaid two brothers of her husband (Bhaisures), namely, Sadhak Manjhi and Dubraj Manjhi called her husband from the outside and told him to throw his wife (the informant) into the well. Thereafter, her husband and the aforesaid two persons(Bhaisures) tied her mouth and threw her into the well of Awani Manjhi.
(3.) IT is further alleged on 14.10.2006 at hour 4.30 A.M. Awani Manjhi and Lambodhar Manjhi took her out from the well and as she was severing with cold, they saved her after burning the fire and took her near her house. On getting to her house, she was told by the wife of the Durjodhan Manjhi that her husband has died and she took her to the house where her mother -in -law and father -in -law and Jethani were sitting and all were weeping. She has further found that the dead body of her husband was lying on a bed and covered with a Chadar. She has further found there is mark of rope on the neck of her husband and further there was also abrasion on the ankle of both of his leg. She has claimed that her aforesaid two Bhaisurs, namely, Sadhak Manjhi and Dubraj Manjhi killed her husband in order to grab his property and she made the said persons as accused.;