6. However, after the prosecution as well as the defence witnesses were examined, an application u/s 319 Cr.P.C. was filed in view of the fact that the witnesses have taken the name of the petitioner as being present at the time of the incident. The impugned order dated 07.03.2017 has been visited from which it appears that the evidence of the prosecution witnesses have been taken into consideration and it appears that all the witnesses have taken the name of the petitioner along with other accused persons with respect to torture and cruelty meted out to the deceased as well as the fact about the presence of the petitioner at the time when the incident had taken place. Learned trial court on the same set of evidences formed an opinion which led in acquittal of the accused persons and on the other hand on the same set of evidence the learned trail court has allowed the petition of the prosecution filed u/s 319 and summoned the petitioner to face trial. Although consideration has been made to the plea of alibi, but the same has been disbelieved by the learned trial court and the learned trial court seems to have focused on the fact that although the deceased was in a position to speak and she was alive for a period of about 12 days from the date, the incident had taken place, her statement was never recorded by the Investigating Officer in presence of the Doctor. Such fact was of a considerable force for the learned trial court to have acquitted the five accused persons from the charge u/s 304B/34 I.P.C. The same set of evidence has led the learned trial court to summon the petitioner to face trial.
