Harish Chandra Mishra, J. - (1.) HEARD learned counsel for the petitioners and learned counsel for the State. The petitioners are aggrieved by order dated 17.9.2012 passed by learned Additional Judicial Commissioner -XVIII, Ranchi, in S.T. No. 106 of 2012, whereby the application filed by the petitioners under Section 227 of the Cr. P.C., for discharge, has been rejected by the Court below.
(2.) THE petitioners were earlier made accused in Sadar P.S. Case No. 285 of 2007 corresponding to G.R. No. 4719 of 2007 for the alleged offences under Sections 498 -A, 306 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, on the allegation that the accused persons, who were the husband and in -laws of the deceased, had subjected her to cruelty and torture for demand of dowry and had caused her death by burning. It is stated in the FIR that the marriage had taken place on 23.4.2000 and the occurrence of burning the deceased took place on 22.11.2007. It is stated in the FIR that the deceased, while she was injured, had informed the informant, who is her brother, that she was burnt by her husband and other in -laws. On the basis of the said written application, the case was instituted under Section 498 -A, 306 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. After investigation, it appears that the police had submitted final form, which was accepted by the Court below. The informant had filed a protest -cum -complaint petition and it appears from the impugned order that at the inquiry stage, the informant complainant had examined seven inquiry witnesses. On the basis of the statements of the witnesses, the Court below found a prime facie case under Section 304(B) and 120(B) of the Indian Penal Code. Even in the complaint petition, it is stated that the marriage was solemnized on 23.4.2000 and the occurrence had taken place on 22.11.2007.
(3.) AFTER taking cognizance, the case was committed to the Court of Session, where, the petitioners filed their application under Section 227 of the Cr. P.C., for discharge, in which, the petitioners had taken the point that the occurrence had taken place after seven years of the marriage and upon investigation by the police, the final form was submitted in their favour. The Court below took into consideration the materials available against the petitioners during inquiry of the protest -cum -complaint petition and found that that the marriage had taken place on 23.4.2000 and the date of occurrence is 22.11.2007, which shows that the occurrence had taken place after seven years of the marriage. The Court below taking into consideration the cause of death of the deceased and the allegation against the accused -petitioners to have burnt the deceased to death, has found that there are sufficient materials against them to frame charge under Sections 302 and 498 -A of the Indian Penal Code and has rejected the application filed by the petitioners.;