The main legal point established in the judgment is the court's unfettered power to frame additional charges at any stage before judgment, based on relevant testimonies and medical opinions.

Indermeet Kaur, J.

1. Criminal Revision Petition 208/2011 is directed against the impugned order dated 19.02.2011 wherein the application filed by the petitioner/complainant seeking framing of additional charge under Sections 302/468/471/201 of the Indian Penal Code (IPC) against the accused stood dismissed.

2. Writ petition Crl.25/2013 has been preferred by the accused. He is aggrieved by the act of the Department of Health and Family Welfare who vide its letter dated 21.05.2012 had constituted a Medical Board of five doctors of the AIIMS Hospital pursuant to the letter of the Police dated 18.12.2011 requesting for constitution of such a Board.

3. The facts as emanating reveal that on 11.01.2000, an untoward incident had taken place. The victim Anju Ilyasi died at her residence i.e. B-13, IFS Flats, Mayur Vihar Phase-I. She was taken to the AIIMS Hospital by the accused/her husband where she was declared brought dead. Investigation was conducted by ACP Rajiv Ranjan and in the course of inquiry, a panel of three doctors namely Dr. R.K. Sharma, Dr. Alexnder F. Khala and Dr. L.C. Gupta on 12.01.2000 gave their report after examining the two injuries suffered by the victim. The cause of death was reported as hemorrhagic shock caused as a result of ante-mortem injury No. 1. The Board had desired additional documents i.e. the crime scene, photographs, medical treatment received at the nursing home prior to having been brought to AIIMS Hospital, her viscera report, nail clippings etc. On 18.01.2000, the Board of doctors unanimously opined that the injuries noted on the victim appear to be self-inflicted and suicidal in nature.

4. The SDM Ravi Dadhich (PW-4) had recorded the statements of various witnesses including K.P. Singh, the father of the deceased, Prashant Singh, her brother, Rukma Singh, her mother, Rashmi Singh, sister of the victim as also Reeta another sister of the deceased. Statement of the accused Suhaib Ilyasi was also recorded.

5. After investigation Challan was filed. On 29.03.2003, charge was framed against the accused under Section 498-A and Section 304-B of the IPC.

6. The prosecution was not satisfied with the charge and accordingly learned public prosecutor filed an application dated 17.07.2003 seeking framing of additional charge/alternate charge under Section 302 of the IPC. In this application, the following additional facts were brought to the notice of the Sessions Judge:-

a. That Dr. L.C. Gupta has given his opinion in P.M. Report after examining the case that “homicidal cannot be ruled out”.

b. PW Rashmi Singh has stated in her statement Under Section 161 Cr.P.C. that soon before receiving injuries by the deceased, the accused had told her on telephone that, “Bullu (Anju) KA DEEMAG KHARAB HO GAYA HAI” on this Anju had snatched the telephone receiver from the accused and requested her “DIDI MUJHEY YAHA SE NIKAL LO, NAHIN TO YE LOG MUJHEY JAAN SE MAAR DENGE’ and the telephone was disconnected. This fact clearly shows that the accused was begging her life and had no intention of committing suicide.

c. That PW Dr. K.P. Singh, the father of the deceased has stated in his statement Under Section 161 Cr.P.C. that her daughter Anju had visited to him at his residence in the evening of 10/01/2000 and till her departure she was quite normal and happy and he noticed nothing abnormal in her behavior.

d. That PW-2 Parshant has stated in his cross examination, “It is correct that my sister was very intelligent and strong but she was not short tampered” which clearly shows that she has not committed suicide.

e. PWs, Const. Raj Kumar and Const. Satrughan, the P.S.O.’s of the accused have stated in their statements Under Section 161 Cr.P.C. that at the time of sustaining injuries on the person of the deceased, only accused and the deceased were present. They have further stated that they alongwith the accused took the deceased in injured condition to Virmani Hospital and during the way she was crying “M