JUDGMENT

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

The appellant No. 1 is the brother-in-law of Shakvin who met with an unnatural death in her matrimonial home on June 22. 1991. The appellant No. 2 is his wife. On the following day i.e. an June 23, 1991 Noor Mohammad, father of the deceased, lodged a First Information Report alleging that her husband, grand mother-in-law and two appellants were responsible for her death. On that information a case was registered under sections 304 Band 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 deceased's husband and grand mother-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).

2. When the matter came up for hearing before an Additional Session Judge of Orai, an application was moved on behalf of No or Mohammad alleging that though during investigation sufficient materials were furnished to prove that the two appellants had also demanded a scooter as dowry