A trial court must provide clear reasoning when framing charges, especially when modifying them, to satisfy legal standards and ensure fair trial proceedings.

JUDGMENT :

SANJAY VASHISTH , J.

CRM-41264-2025

i) Present application has been filed under Section 528 of BNSS , for placing on record reply alongwith Annexure R-5/1 to Annexunre R-5/16.

ii) For the reason enumerated in the application, same is allowed and reply alongwith Annexures R-5/1 to R-5/16 are taken on record. Registry is directed to tag the same at appropriate place with the paper-book.

CRM-M-17062-2025

1. Through instant petition filed under Sections 528 read with 442 of BNSS , petitioner has sought modification of the order dated 03.03.2025, whereby the private respondents, namely Daljit Singh @ Jeet (Respondent No. 5) and Gurpreet Singh (Respondent No. 6), have been chargesheeted under Section 304 IPC instead of Sections 302 /34 in connection with FIR No. 64 dated 09.05.2024, registered under Section 302 /34 at Police Station Passiana, District Patiala.

2. FIR in the instant case was registered at the instance of complainant-Simranjeet Singh, which reads as follows:

“I am resident of above noted address and I am studying in BA class of Punjabi University Patiala. My father Darshan Singh was working as Sewadar in the Gugga Marhi of our village Sarhali and was residing at Gugga Marhi. Yesterday on 08.05.2024 I and my cousin brother Gursewak Singh along with other devotees went to Gugga Marhi and other Sangat was present there. I along with my cousin Gursewak Singh and other Sangat were laying in the Warandah of Guga marhi and my father Darshan Singh was also taking rest in the room constructed in Gugga Marhi and the light of Gugga Marhi was switched on. At around 10.00 PM, Daljit Singh@ Jeet son of Palwinder Singh resident of our village came on his Swraj Tractor and he parked his tractor outside the Gugga Marhi and entered into the room of Gugga Marhi where my father was taking rest and he caught hold the hair of my father and while beating him, brought my father out of the room, in the meantime, his son Gurpeet Singh @ Sunny Deol reached there and both father and son started beating to my father Dashan Singh by saying in loudly voice that today we will not leave Darshan Singh, we will kill him. My father started raising noise, then I and my cousin Gursewak Singh and other Sangat went to my father Darshan Singh and saved my father Darshan Singh from them. After leaving my father, they ran away from the spot while abusing us. My father became unconscious and fell down on the ground, therefore I and my cousin Gursewak Singh have arranged the vehicle and brought my father at Amar Hospital, Patiala where my friend Gurpreet Sigh son of Kaka Singh resident of Nawan Mehmoodpur Jattan, Patiala also reached. After checking, the doctor has declared that my father Darshan Singh has dead. The motive behind the grudge is that my father used to render services at Gugga Marhi and many devotees use to visit at Gugga Mari. The field of Daljit Singh@ Jeet above said was on the passage of Guga Mari and he used to cause loss to the vehicles of the Sangat visits at Gugga Marhi, therefore my father Darshan Singh has restrained him not to do so, due to which said Daljit Sight Jeet and his son Gurpreet Singh were having grudge against my father Darshan Singh, due to said grudge, they caused injuries and have committed the murder of my father Darshan Singh. Legal action be taken against said Daljit Singh @ Jeet and his son Gurpreet Singh residents of village sarhali ”

3. Initially, the case was registered under Sections 302 /34 IPC ; however, while submitting the challan under Section 173 Cr.P.C., Section 302 was substituted with Section 304 /34 . When the matte