This revision is directed against the order dated 21.4.2010 passed by learned Additional Sessions Judge, F.T.C.-I, Bermo at Tenughat in Sessions Trial No. 46 of 2010, whereby he' discharged opposite party no. 2 under Section 304B of the I.P.C. and transferred the case in the file of learned A.C.J.M., Bermo at Tenughat for framing of charge under Section 498A of the I.P.C.

2. Sri Rajesh Kumar Mahtha, appearing for the petitioner, submits that learned court below without calling the viscera report gave finding that the wife of opposite party no. 2 died a normal death, possibly due to death of foetus in her womb. It is submitted that this court called the viscera report, which is at flag-'A'. It is submitted that from perusal of viscera report, it appears that the deceased died due to poisoning. Thus, she died in an abnormal circumstances within seven years of her marriage. He further submits that there is allegation that accused person subjected her to cruelty soon before the death for demand of dowry. Accordingly, offence under Section 304B I.P.C. is made out.

3. Sri Atanu Banerjee, learned counsel for opposite party No. 2 submits that under Section 227 of the Cr. P.C. the court