ARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court challenging order dated 5.4.2021 vide which the trial Court has passed an order for framing of charges for offence under Section 302 read with Section 34 IPC against the petitioner.

(2.) As per the FIR which was lodged on the basis of statement of deceased Vishvender himself on 5.9.2020 he had gone to meet his friend Arshad @ Bhura on his scooty where Arshad's nephew namely Rehan offered him water. Upon drinking the water, his condition deteriorated. His mobile phone and purse was taken by Arshad @ Bhura. His scooty was left near his house and Rijwan who is younger brother of Arshad @ Bhura dropped him near Manoj hospital.

(3.) Learned counsel for the petitioner has submitted that he has falsely been implicated in the instant case and that in fact during the course of investigation no offence under Section 302 IPC was found to be made and offence under Section 306 was incorporated and a challan was presented against the accused for offences under Sections 328, 306, 34 IPC. Learned counsel has submitted that at the stage of consideration of charges the trial Court has however, proceeded to frame charges for offence under Section 302 IPC without there being any cogent or convincing evidence for the same.