JUDGMENT

M.K. MUKHERJEE, J.- Special leave granted.

2. Appellant 1 is the brother-in-law of Shakyin who met with an unnatural death in her matrimonial home on 22-6-1991. Appellant 2 is his wife. On the following day i.e. on 23-6-1991 Noor Mohammad, father of the deceased, lodged a first information report alleging that her husband, grandmother-in-law and the two appellants were responsible for her death. On that information a case was registered under Sections 304-B and 306 of the Indian Penal Code (IPC for short) against all of them and on completion of investigation the police submitted charge-sheet under Section 306 IPC only against the deceaseds husband and grandmother-in-law. In due course the case was committed to the Court of Session by the Chief Judicial Magistrate, Orai (Magistrate for short) in accordance with Section 209 of the Criminal Procedure Code (Code for short).

3. When the matter came up for hearing before an Additional Sessions Judge of Orai, an application was moved on behalf of Noor Mohammad alleging that though during investigation sufficient materials were furnished to prove that the two appellants had also demanded a scooter as dowry and physically tortured a