IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Rev. No. 378 of 2008 Date of Decision:- 27.1.2009 Manjit Kaur Versus Arjinder Singh & Ors. Present:- Mr. P.S.Ahluwalia, Advocate, for the petitioner. Ms. Rajni Gupta, DAG, Punjab. Mr. S.L.Chandershekhar, Advocate, for respondents No.1 to 3. M.M.S.BEDI. (J) (Oral) Order of Additional Sessions Judge, Tarn Taran, under Section 306 read with Section 34 IPC has been questioned on the ground that offence under Section 302 IPC is prima facie made out, in view of the statement of the mother of the deceased as well as the medical evidence gathered during investigation, if appreciated in context to the provisions of Section 106 of the Evidence Act. Learned counsel for respondents No. 1 to 3 has submitted that the statement of the complainant has not yet been recorded though the doctor has already been examined. This petition is disposed of with an observation that if on the basis of the statement made before the trial Court, the complainant/prosecution is of the opinion that the charge deserves to be altered, it will be open to the petitioner or the prosecution agency to file an application under Section 216 Cr.P.C for alteration/addition of the charge depending upon the circumstances existing. Safeguarding the above said right of the petitioner, the petition is disposed of. January 27, 2009 (M.M.S.Bedi) tripti Judge