JUDGMENT :

MANJARI NEHRU KAUL, J.

1. A challenge has been made in the instant revision petition to the impugned order dated 12.03.2021 passed by Learned Additional Sessions Judge, Nuh, wherein charges were framed only under Sections 304-B, 406, 498-A IPC against the respondent-accused. Learned counsel submits that as there were specific allegations levelled against the respondent-accused of subjecting the deceased (who was a pharmacist) to mental and physical harassment coupled with the fact that she had died due to ingestion of poison, they should have also been charged under Section 302 IPC. Learned counsel further submits that the circumstances on record pointed to forcible administration of poison to the deceased and hence the trial Court erred in not appreciating the surrounding circumstances and charging the respondent-accused accordingly under Section 302 IPC. In support of his submissions, learned counsel has placed reliance upon Rajbir @ Raju & Anr. Vs. State of Haryana, (2010) 15 SCC 116 and Vijay Pal Singh & Ors. Vs. State of Uttrakhand in Criminal Appeal No.37 of 2011.

2. Learned counsel while referring to Rajbir (supra) submitted that the Hon'ble Supreme Court had categor