- (1.)The petitioner, by way of this petition, is challenging the order passed by Learned Additional Session Judge No.1, Behror(Alwar), Rajasthan u/s 216 Cr.P.C for alter the charge u/s 302 IPC instead of charge framed against the accused u/s 306 IPC.
(2.)Learned counsel for the petitioner submits that the complainant, in his original FIR, has levelled the allegation against the respondent-Chandra Das of having murdered the deceased ? Rohitash Das. Learned counsel also submits that State Forensic Science Laboratory, Rajasthan, has given a finding that the samples of Rohitash Das gave positive test for the presence of Aluminum Phosphide, which is a poison. After the charges were framed, an application was moved u/s 216 Cr.P.C. for framing charges u/s 302 IPC instead of u/s 306 IPC. The Trial Court rejected the said application essentially on the ground that there is admitted disputes between the accused - Chandra Das and the petitioner with regard to "Pagdi Rasam" of the deceased Rohitash Das. Learned counsel for the petitioner further submits that from the statements, which have come on record, it is apparent that the accused had murdered deceased ? Rohitash Das.
(3.)Per Contra, learned counsel appearing for the accused submits that the provisions of Section 216 Cr.P.C. could not have been invoked as the original charge, which was framed against the accused, was u/s 306 IPC and after complete evidence has been recorded, the application has been moved. Although, there is no link available from the statements or any iota of evidence to prove that the deceased was murdered.