JUDGMENT :

H.S. Grewal, J.

1. This petition has been preferred under Section 482 Cr.P.C. for setting aside the order dated 27.02.2025 (Annexure P-9) passed by the Additional Sessions Judge, Ambala and the order dated 20.09.2024 (Annexure P-8) passed by the Judicial Magistrate 1st Class, Ambala whereby the revision petition filed by the petitioner before the Appellate Court and the application filed before the trial Court for adding/amending the charges under Sections 436 & 307 IPC in case FIR No.14 dated 15.03.2016, registered at Police Station Naggal Ambala was dismissed by the both the Courts below.

2. Learned counsel for the petitioner submits that the petitioner, who is the complainant in the aforesaid FIR, was tried to set on fire by respondents No.2 & 3 but the trial Court, while framing charges against respondent No.2 & 3, had not added Sections 436 & 307 IPC while there was sufficient material against the private respondents. He also relied upon the MLR, the FSL report and the photographs at Annexures P-2, P-4 & P-5 respectively). Therefore, the petitioner prays that Sections 436 & 307 IPC ought to be added in the chargesheet filed against respondent No.2 & 3.

3. I have heard the arguments and carefully gone through the material available on record.

4. It is the case of the prosecution that the petitioner is wife of respondent No.2, who serves in the Indian Army and was married in the year 2009. Thereafter, she was alleged to be harassed for dowry by her in-laws. Her in-laws had also started lodging false complaints against her and her parents in order to pressurize her to divorce respondent No.2. On 12.03.2016, the petitioner's husband (respondent No.2), her father-in-law, her mother-in-law (respondent No.3) and an unknown person with a covered face entered into her room and pressurized her to sign the divorce papers. When she refused, her husband (respondent No.2) pushed her towards the wall while her mother-in-law (respondent No.3) and father-in-law physically assaulted her. During the assault, her mother-in-law (respondent No.3) handed over a bottle of kerosene oil to husband (respondent No.2), who poured it over her. Some oil was also spilled on the bed. They threatened to set her on fire if she did not sign the divorce papers. Upon her refusal, they stepped out of the room and her husband ignited the room, thereafter locking the door of the room from outside. Her six month old child was also inside the room at that time. Upon hearing her cries, neighbours intervened and rescued her and thereafter, she had called her brother who took her to the CHC, Chaudmastpur. Hence, the present FIR was registered.

5. After obtaining MLR; FSL report and thorough investigation, the challan was presented on 18.07.2016 and charges were framed against respondents No.2 & 3 under Sections 323 and 324 read with Section 34 IPC vide order dated 21.11.2016 (Annexure P-3). However, the petitioner, being aggrieved against non-framing of charges under Sections 307 & 436 IPC against respondents No.2 & 3, had moved the present application on 01.03.2023 for altering the chargesheet by adding additional charges under Sections 307 & 436 IPC.

6. The grievance of the petitioner is that respondents No.2 & 3 had tried to kill her by pouring kerosene oil on her and the accused persons gave multiple injuries to her. She had stated that as per the medico-legal report dated 13.03.2016 (Annexure P-2), smell of kerosene oil was present on the clothes and the doctor had recorded that a kerosene oil smell was emanating from the complainant's head and clothes. The petitioner had also referred to the photographs on Annexure P-5 stating that some of the articles at her home had also caught fire. She had also referred to the FSL report (Annexure P-4) with regard to the presence of kerosene oil/diesel on the articles recovered from the spot.

7. The trial Court, while appreciating the material on record, had recorded in its order dated 20.09.2024 (Annexure P-8) that the