JUDGMENT :

Sanjay Dhar, J.

The petitioner has challenged order dated 16.01.2021 passed by the learned Additional Sessions Judge, Jammu (hereinafter referred to as the “Trial Court”), whereby the charge for offences under Sections 302, 201 and 34 RPC has been framed against him.

2. The background facts leading to filing of the instant petition that emerge from the perusal of the Trial Court record are that a charge-sheet was laid by the Police Station, Bishnah, alleging commission of offences under Sections 302, 109 and 201 RPC by co-accused-Sukhvinder Kumar and commission of offences under Sections 201 and 109 RPC against the co-accused-Arun Khajuria and the petitioner herein.

3. As per the charge-sheet, on 19.11.2017, police recovered dead body of the deceased-Vinod Kumar in suspicious circumstances. Accordingly inquest proceedings under Section 174 of the J&K Cr.P.C were set into motion, during which, statements of the persons acquainted with the circumstances of the case in terms of Section 175 Cr.P.C were recorded and the dead body was subjected to post-mortem. After receipt of post-mortem report, it was found that the deceased had died due to damage of vital organs, leading to