JUDGMENT :

Pradip Mohanty, J. - This revision is directed against the order dated 01.07.2004 passed by the learned Adhoc Addl. Sessions Judge, Balasore in Sessions Trial No. 10/80 of 2003 framing charge against the Petitioners.

2. The brief facts of the case are that on 16.06.2002 on the basis of the F.I.R. lodged by the brother of deceased before Nilagiri Police station, P.S. case No. 81/2002 corresponding to G.R. Case No. 120 of 2002 was registered. After investigation, charge-sheet was submitted under Sections 306/498-A/34 I.P.C. and 4 of the D.P. Act. The learned S.D.J.M., Nilagiri took cognizance of the offence and committed the case to the Court of Session. Learned Adhoc Addl. Sessions Judge, however, framed charge under Sections 302/34 I.P.C. against Petitioner nos. 1 and 2 and under Sections 302/109 I.P.C. against Petitioner No. 3 for abetting the crime. In the alternative, he framed charge u/s 306 I.P.C. against all the Petitioners. Further charge u/s 498-A I.P.C. and Section 4 of the D.P. Act was framed against Petitioner nos. 1 and 2.

3. Learned counsel for the Petitioners submitted that learned S.D.J.M., Nilagiri took cognizance under Sections 306/498-A/34 I.P.C. and commi