ORDER :

Shri S. K. Tiwari, Advocate for the applicants.

Shri Rajesh Tiwari, Govt. Adv. for the respondent/State.

Arugments heard.

2. This revision is directed against the order-dated 4-3-2009 passed by Shri K. M. Ahmad, Judicial Magistrate First Class, Umariya in Criminal Case No. 350/2009, whereby cognizance of the offence punishable under section 304 of the Indian Penal Code has been taken under section 190(1)(b) of the Code of Criminal Procedure upon the facts as disclosed in the documents annexed to the charge-sheet that was submitted in respect of the offence under section 304-A of the Indian Penal Code.

3. The prosecution case may briefly be stated thus -

On 21-11-2008 at about 9 a.m., Sukhram (since deceased), who was maintaining an illicit relationship with the mother of applicant Nos. 1 and 2, was brought in an injured condition to Police Station Indwaar by Sarpanch Barelal Choudhary and his companions. He gave information to the effect that on 21-11-2008 at 4 in the morning, while going towards the house of Kathura Jaiswal as he reached near the agricultural field belonging to Bharat Sharma, applicant Nos. 1 and 3 jointly assaulted him with tangies with the assistance of applic