Sandeep Mehta, J. - (1.) Heard learned counsel for the parties and perused the material available on record.
(2.) By way of the instant revision petition, the accused petitioners have approached this Court being aggrieved of the order dated 1.11.2012 passed by learned Additional Sessions Judge, Sangaria, District Hanumangarh in Sessions Case No. 6/2011 whereby, the learned trial Court accepted the application filed by the prosecution under Section 216 Cr.P.C. and directed framing of additional charges against the petitioners for the offences under Sections 148 and 302 IPC and in the alternative Section 302/149 IPC.
(3.) Learned counsel for the petitioners contends that the incident in question took place on 28.9.2010. The prosecution set up a case that the accused indiscriminately assaulted the complainant party and caused a head injury to one Dhan Singh. Dhan Singh was examined medically and as per the medical documents available on record, till the date of filing of the charge-sheet, he was opined to be having simple injury on the head as the X-ray examination did not disclose any bony injury. The investigating agency filed a charge-sheet against the accused for the offences under Sections 143, 341, 307 and in the alternative, 307/149, 326, 326/149, 325, 325/149, 324, 324/149, 323 and 323/149 IPC. The trial Court framed charges against the accused for these offences. When the medical witnesses PW1 Dr. Naresh Saklecha and PW4 Dr. Naresh Garg were examined at the trial, the prosecution got proved the CT scan report of Dhan Singh as per which, he was found having a depressed fracture on his parietal region. Dhan Singh allegedly passed away on 13.12.2011. Taking cue from the CT Scan report and the subsequent death of Dhan Singh by the alleged after effect of the head injury caused in the same incident, the prosecution filed an application under Section 216 Cr.P.C. requesting the trial Court to add the charge under Section 302, 302/149 IPC against the accused petitioners. The said application was allowed by order dated 1.11.2012.;