DHYAN SINGH Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(1.) By means of the present criminal revision, revisionist seeks to
set aside the order dated 25.02.2011 passed by learned Judicial
Magistrate, Bhikiyasen, District Almora passed in Ciminal
Case No. 46 of 2009/2006 captioned as State vs. Ram Singh
(2.) Learned counsel for the revisionist drew the attention of this
Court towards annexure -2, to the revision, which is copy of
discharge certificate issued by the department of neuro surgery
of All India Institute of Medical Sciences, New Delhi. It was
indicated in the discharge summary that there was parietal
compound depressed fracture (old head injury) sustained by
Dhyan Singh (revisionist). Learned counsel for the revisionist
contended that an application for alteration of charge from
Section 325 IPC and 326 IPC to Section 307 IPC was moved
before the learned Magistrate, who, vide order dated
25.02.2011, dismissed the same holding that prima facie an
offence punishable under Section 326 IPC is made out and not
an offence punishable under Section 307 IPC.
(3.) There appears to be no illegality in the order revised against.
The order dated 25.02.2011 is not the end of the road to the
revisionist, in as much as, the trial court may alter or add to
the charge framed by him in course of trial at any stage before
the judgment is pronounced.
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