- (1.) This criminal revision is directed against the order dated 20.7.2010, passed by Additional Sessions Judge, Fast Track Court No. 1. Bijnor in Sessions Trial No. 113 of 2003 whereby the application 313-kha filed on behalf of the revisionist Abzal Ahmad for modification/alteration of charge was rejected.
(2.) Heard learned Counsel for the revisionist and learned A.G.A. for the State.
(3.) Affidavit filed by learned Counsel for the revisionist is taken on record. Learned Counsel for the revisionist submitted that charge under Section 308, I.P.C. was framed by the trial court on the ground that accused persons caused injuries to Matloob, Shabnam and the deceased Abdul Waheed. It was contended that Abdul Waheed died as a result of injuries sustained by him in this incident and, therefore, charge under Section 304/149, I.P.C. was framed against all the accused and separate charge under Section 308/149. I.P.C. could not be framed in respect of the injuries caused to Abdul Waheed. It was further contended that Matloob was not medically examined and did not sustain any injury. Shabnam sustained one lacerated wound on right frontal region 3.5 cm. x 0.6 cm., 1 cm. above the eyebrow. It was contended that no x-ray report or supplementary report was filed to show that injury sustained by Shabnam was grievous or dangerous to life or could cause death. The pith and substance of the submission is that charge under Section 308, I.P.C. could not have been framed against the revisionist and the co-accused, and the charge under Section 308, I.P.C. should have been amended accordingly.;