Single Bench Criminal Revision assailing marshalling of an order framing charges at u/s 304 r/w 149 IPC instead of 302 r/w 149 IPC. Held revision lacks merit as trial court can alter charges during trial.
The criminal revision is dismissed as it lacks merit.
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Court No. - 67
Case :- CRIMINAL REVISION No. - 1422 of 2022
Revisionist :- Shailendra Singh Opposite Party :- State Of U.P. And 7 Others Counsel for Revisionist :- Kamal Dev Rai Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Kamal Dev Rai, learned counsel for the revisionist and learned A.G.A. Perused the record.
By means of the present revision the revisionist-informant is assailing the legality and validity of order dated 10.01.2022 passed by the Additional District & Session Judge/Fast Track Court No.1, Etawah in Case No.830 of 2021, arising out of Case Crime No.23 of 2020 u/s 147, 148, 149, 323, 504, 506, 304 I.P.C., Police Station-Vithauli, District-Etawah whereby charges have been framed against the accused Devendra Singh, Narendra Singh, Jitendra Singh, Upendra Singh and Dhirendra Singh.
Learned counsel for the revisionist submits that the assailantsaccused armed with lathi, danda and axe have mercilessly beaten the deceased and caused his instant death, therefore, they ought to have been charged for the offence u/s 302 r/w Section 149 I.P.C., but instead of that, Section 304 r/w Section 149 I.P.C. have been framed against them by the learned trial court. Learned counsel for the revisionist further submits that it was a pure merciless and brutal assault by deadly weapons, causing the instant death of the deceased, therefore, charges ought to have been framed u/s 304 r/w Section 149 I.P.C.
I am not in agreement with the submission advanced by learned counsel for the revisionist. The stage of framing of charge is a very nascent stage of trail, and if evidences so adduced are sufficient, the Court is itself competent to alter the charge at any stage of the trial before pronouncement of the judgment.
Revision lacks merit and accordingly stands dismissed.
Order Date :- 20.4.2022 M. Kumar
Digitally signed by MANISH KUMAR Date: 2022.04.22 10:38:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether charges u/s 304 r/w 149 IPC instead of 302 r/w 149 IPC were erroneous to be framed against accused at the stage of framing of charge.
Shailendra Singh
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
