DHYAN SINGH Vs. STATE OF UTTARAKHAND & OTHERS
LAWS(UTN)-2013-3-176
HIGH COURT OF UTTARAKHAND
Decided on March 19,2013

DHYAN SINGH Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (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 and others.
(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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