Judgment

Mr. Harkesh Manuja, J.

By way of present petition filed under Section 482 CrPC, prayer has been made for setting aside orders dated 21.02.2018 and 09.03.2021 passed by the Courts below whereby an application filed under Section 323 CrPC, at the instance of petitioner-complainant for committing the case to Court of Sessions by framing charge under Section 302 IPC stands declined.

2. In the present case, arising out of an incident dated 26.05.2014, FIR No.35 dated 04.06.2014 under Sections 323 , 325 and 34 IPC was registered at P.S. Phul, District Bathinda, based on a complaint submitted by one Mohinder Singh who later unfortunately expired on 06.06.2014 resulting into inclusion of offence under Section 302 IPC in the aforementioned FIR. Upon investigation, based on statement made by doctors, challan was filed under Section 323 , 325 and 34 IPC. Having considered the challan as well as having heard the parties, trial Court ordered f