JUDGMENT

Gita Mittal, J. By this petition, the petitioner assails the order dated 18th April, 2009 directing framing of charges as well as the charges framed against him under Section 302/34 of the Indian Penal Code in the case arising out of FIR No.765/2006 registered by the police station Saraswati Vihar. On completion of investigation, the chargesheet was filed in the case titled State Vs. Prashant Bhaskar & Others pending before the trial court.

2. To the extent necessary, the case of the prosecution is briefly noticed hereafter. A complaint dated 10th July, 2006 was made by one Shri Pushkar Raj, father of the deceased Dayanand with regard to an incident which allegedly occurred three months prior on 5th April, 2006. It stated that on 5th April, 2006, Shri Pushkar Raj accompanied by his deceased son Dayanand; Vipin another son as well as a worker Ram Bura had gone to the residence of Mahesh Sharma at about 7.45 p.m. in connection with certain monies which were owed by him. The complainant was required to come again for the reason that Mahesh Sharma was not available. Consequently, these persons had again visited Mahesh Sharma's residence at about 8.30 p.m. but he was still not available whereupon they had decided to wait for his return. On his return, Mahesh Sharma had refused to give the money. Instead he attacked Dayanand whereupon Vipin, the complainant's younger son tried to stop him. At this, Manish Sharma, brother of Mahesh Sharma accompanied by Prashant Bhaskar @ Rinku came downstairs and both these persons started beating Dayanand and Vipin. After that Mahesh Sharma involved the complainant in certain discussions while Manish Sharma and Rinku kept on beating Dayanad mercilessly with their legs and fists. The complainant and the others thereafter returned to their house and ten minutes later, Dayanand started saying that he was having a burning sensation in his chest. Dayanand was taken to the nearby Manna Clinic and Maternity Home. The doctor gave Dayanand an injection and three doses of medicines. One dose of the medicine was given to him immediately. Dayanand was left with his wife and he went to sleep immediately. The next morning, at about 8.30 a.m., when his wife went to check on him, she found that Dayanand was not responding and she immediately called the complainant. One Dr. Harish Bhatia was called who immediately opined that Dayanand was no more. Dr. Harish Bhatia intimated the police also about the death. In this complaint, the complainant sought legal action against Mahesh Sharma, Manish Sharma & Rinku Sharma who were alleged to have caused the death of his son Dayanand.

3. It has been urged that the order holding that a prima facie case had been made out against the petitioner fails to consider the documents placed by the prosecution on record. It has been urged that immediately after the occurrence on 5th April, 2006, the police had recorded statements of the complainant Pushkar Raj, who is the father of the deceased; Vipin Mittal, brother of the deceased as well as Deepika, widow of the deceased.

4. I have heard learned counsel for the parties and have been carefully taken through the statements of these persons who also claim to be the eye witnesses to the incident. Their statements are in identical terms.

5. In his first statement recorded by the police on 6th April, 2006, Pushkar Raj stated that on the 5th of April, 2006 he had gone to take payment of committee money from Mahesh Chand and Kallu, who were the priests of the Rama Mandir. There was a trivial altercation and scuffle with one Mahesh and Kallu on the one hand and Dayanand on the other. When Pushkar Raj with his sons Vipin and Dayanand were returning from the spot, Dayanand had complained of some uneasiness. He was taken to Manna Clinic and Maternity Home and got treated by the doctor who gave him an injection and medicines. Dayanand was brought to his house at about 11.00 p.m. At about 9.00 a.m. of the next morning, he came to