LAWS(DLH)-2016-12-91

YASHWINDER MALIK Vs. STATE

Decided On December 08, 2016
Yashwinder Malik Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Aggrieved by an order dated 07.01.2015 of learned Addl. Sessions Judge in Sessions Case No. 34/2001 arising out of FIR No. 1178/2009 PS Panipat City by which charges under Sections 364A/342/376(2)(f)/511/506 Penal Code against Yashwinder Malik (P-1); and under Sec. 308 Penal Code read with Sec. 120B IPC; in the alternative under Sec. 326 Penal Code read with Sec. 120B Penal Code against Mandeep @ Maan (P- 2) were ordered to be framed, the petitioners - (P-1 and P-2) have filed the instant petitions to challenge its legality and correctness. Status report is on record. The petitions are contested by the complainant/victim.

(2.) The victim/complainant has also filed Crl.R.P.591/2015 to challenge the order on charge to the extent that the Trial Court committed error in framing charge under Sec. 308 Penal Code and not Sec. 307 IPC.

(3.) I have heard the learned counsel for the parties and have examined the file minutely.