SURESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition, filed under Sec. 482 Cr.P.C seeking quashing of the impugned order dtd. 19/11/2018(Annexure P-1) passed by the Additional Sessions Judge, Jalandhar, vide which the application filed by the petitioner under Sec. 216 Cr.P.C for alteration of charge has been dismissed, in case of FIR No.182, dtd. 26/11/2013 registered under Ss. 306/34 IPC at Police Station Division No.2, Jalandhar.

(2.) The facts which have led to the filing of the present petition are that the son of the petitioner, the deceased, namely Rahul Kapila was having a love affair with Surbhi, who is one of the accused in the trial. They intended to marry each other. However, since they were the first cousins, therefore, their marriage was not to the liking of the family of the girl Surbhi. As the facts unfold, during this log-jam, the deceased, namely, Rahul Kapila died because of poisoning. Accordingly, FIR was registered under Sec. 306 IPC. The trial went on. All the prosecution witnesses had been duly examined. Thereafter, even the statement of the accused under Sec. 313 Cr.P.C had been recorded. It is at this stage that the petitioner/complainant moved an application for amendment of the charge from Sec. 306 IPC to Sec. 302 IPC.

(3.) The facts which further unfold are that on 25/11/2013, the deceased son of the complainant is stated to have gone to Jalandhar to meet the above said girl Surbhi. Later on the son of the sister of the petitioner, namely, Varun Takiar informed the petitioner on phone that the deceased was serious and he had brought him to Civil Hospital, Jalandhar but from there he was referred to Oxford Hospital. After some more time, it was intimated to him that the son of the petitioner had died. On these facts, the complainant alleged that his son had lost his life under conspiracy hatched by the girl Surbhi and her cousins Tarun and Varun Takiar, because these were the the persons who had taken the deceased to the hospital and, therefore, they were last seen with the deceased.