( 1 ) THIS Revisional Application is directed against the order dt. 19-9-1998 passed by the ld. Additional Sessions Judge, 11th Court, Alipur in S. T. No. 2 (8) of 1998 (Sessions Case No. (2) of 1998) which arose out of Gariahat P. S. case No. 176 dt. 20/07/1996 u/s. 302/34 of the IPC whereunder ld. Judge allowed an application under Section 307 of the Cr. P. C. filed by one Panchami Palta, the mother of the O. P. No. 1, Khokan Palta who was one of the accused persons of the said case.

( 2 ) THE relevant facts may be summarised as follows. The petitioner Raj Ambarish Sen along with the O. P. No. 1 was arrested in connection with the abovementioned sessions case by police on 17/11/1997 and subsequently on completion of investigation police submitted a charge-sheet against him under Section 302/34 IPC before the Ld. SDJM, Alipur who took cognizance of the offence and after observing the formalities committed the accused Raj Ambarish, to the Court of Session. In August, 1998 the ld. Addl. Sessions Judge framed charge against the petitioner under Section 302/34 IPC when the petitioner pleaded not guilty and thereafter the case was fixed for trial. It is to be note