Ram Chand Gupta, J.:- The present revision petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) for setting aside order dated 1.5.2009, Annexure P1, passed by learned trial Court, i.e., the Court of learned Additional Sessions Judge, Tarn Taran, vide which application moved by the present petitioner – complainant under Section 216 Cr.P.C. for altering charge from Section 306 read with Section 34 of the Indian Penal Code (for short ‘IPC’) to Section 302 read with Section 34 IPC was dismissed.

2. Briefly stated, on the complaint of the petitioner-complainant, FIR No.38 dated 18.6.2007, at Police Station Sarai Amanat Khan, District Amritsar, was registered for offence under Section 302 read with Section 34 IPC against respondent–accused nos.1 to 3.

3. As per the story of the prosecution, Kulwinder Kaur, daughter of complainant was married with accused Arjinder Singh in the year 1995. Arjinder Singh was retired from Army. He used to maltreat Kulwinder Kaur after consuming liquor. Even Bhupinder Singh, brother and Iqbal Singh father of Arjinder Singh also used to take liquor with Arjinder Singh and used to compe