ORDER: This application under s. 401 read with s, 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners to quash the charges framed against them under ss, 306/34 and 201 of the Indian Penal Code by the Learned Additional Sessions judge, 3rd Court. Howrah on 24589 in Sessions Trial No, IX(7) or 1986 as also the proceedings of the said trial, The facts leading to the trial are as under,

2. On May 15, 1983, one Bandana Dutta lodged a complaint with the Sibpur Police Station and on the basis thereof a case under ss, 302/201/34 of the Indian Penal Code was registered against six of the petitioners herein and two others, In her complaint, Bandana alleged, inter alia, that she was given in marriage with Phanibhusan of village Bator, P, S, Sibpur in Ashar 1989 BS in accordance with Hindu rites, Annakali (petitioner no, 1), stepmother of Phanibhusan, Tapan and Somenath (petitioner no, 2 and 4), his step-brothers and Bina and Rekha (petitioner no, 5 and 6), his step-sisters used to torture her as also her husband for which she (Bandana) returned to her parental home and Phanibhusan went to Kalyanpur, under the police Station of Bagnan, where he started a grocery shop, Occasionally Phanibhusan used to visit his paternal house at Bator, On 15,5,83 at or about 10,30 A, M, Tapan (petitioner no, 2) and Samir Dutra (petitioner no, 3), husband of petitioner no, 5, came to Bandana's parental home and informed her that Phanibhusan had been admitted to Howrah General Hospital but his condition was well. After asking her to go the Hospital to see her husband, they left the place. She then went to the hospital but could not find her husband. She, however, met the petitioner no. 4 and others near the Howrah General Post Office who told that her husband was keeping well. Thereafter, they sent her back to her parental home in a rickshaw. There she reported the matter to her brother Joydeb and others including one Harinarayan Chandra. Then at 6 P. M. she came to Sibpur Police Station with her brother Joydeb and Harinarayan and came to know that in the morning her husband died of poisoning at the Howrah General Hospital. Bandana suspected that the members of her husband's family, as named by her had conspired and killed her husband by administering poison.

3. On completion of investigation police submitted chargesheet against the petitioners under ss. 120B/302. 201 and 328 of the Indian Penal Code. The allegations in the chargesheet infer alila, are that Phanibhusan demanded share in the paternal properties which was resented to by the petitioners that in the night of May 14, 1983 in course of a deliberation over the sharing of the paternal properties amongst the sons and daughters of Bistupada Dutta in the latter's house, there was a hot altercation between Phanibhusan and others; that thereafter Phanibhusan took his meals and left the house; that as he did not return within a reasonable time, Bistupada asked his sons to search for him; that Phanihhusan could not be traced in that night but on the following he was found by Somenath, Tapan and Nilmoni lying on a bench in the platform of Ramrajtala Railway Station with froth coming out of his mouth; and that they took him to Howrah General Hospital where he died after a few minutes. The further allegations in the chargesheet are that no information was sent to Bandana about the death of Phanibhusan nor was she told about it by the members of her husband's family whom she met near the Howrah Post Office. It has lastly been alleged therein that the dead body was recovered by the police from the burning ghat after the registration of the case and sent for post-mortem examination and the chemical examination of the viscera disclosed presence of poison (ddrin) ill the stomach of the deceased.

4. Pursuant to the submission of the chargesheet, the case was committed to the court of Session and then transferred to the learned Additional Sessions Judge, 3rd Court, Howrah for trial. By his or

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