HARBANS KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 CrPC, prayer has been made for setting aside orders dtd. 21/2/2018 and 9/3/2021 passed by the Courts below whereby an application filed under Sec. 323 CrPC, at the instance of petitioner-complainant for committing the case to Court of Sessions by framing charge under Sec. 302 IPC stands declined.

(2.) In the present case, arising out of an incident dtd. 26/5/2014, FIR No.35 dtd. 4/6/2014 under Sec. 323, 325 and 34 IPC was registered at P.S. Phul, District Bathinda, based on a complaint submitted by one Mohinder Singh who later unfortunately expired on 6/6/2014 resulting into inclusion of offence under Sec. 302 IPC in the aforementioned FIR. Upon investigation, based on statement made by doctors, challan was filed under Sec. 323, 325 and 34 IPC. Having considered the challan as well as having heard the parties, trial Court ordered framing of charge under Ss. 325, 323 and 34 IPC. Admittedly, the aforesaid order of framing of charge was never challenged by complainant-petitioner.

(3.) Later, during trial, the petitioner-complainant moved an application invoking Sec. 323 CrPC with a prayer that the case should be committed to the Court of Sessions by framing charge under Sec. 302 IPC. The trial Court vide order dtd. 21/2/2018 dismissed the aforesaid application. Aggrieved against the same, the petitioner filed revision petition which was dismissed being rendered infructuous vide order dtd. 9/3/2021.