- (1.) A. Mateen, J. Heard Sri Kunwar Mridul Rakesh, learned Counsel for the revisionist and Sri H. A. Alvi, learned Additional Government Advocate for the State.
(2.) THIS revision has been preferred by the revisionists against an order dated 5-4-2005 passed by learned Additional Sessions Judge, Lucknow under Section 216 Cr. P. C. whereby passing the order for altering the charge from Section 304 IPC to Section 302 IPC. I have gone through the impugned order and the F. I. R. as well as other documents annexed hereto. As it emerges out that an F. I. R. was lodged by one Baij Nath (respondent No. 2) against the revisionists of an incident dated 9-6-1998 vide case crime No. 109/1998 under Section 307 IPC at police station Malihabad, District Lucknow. The police investigated the matter but since during the course of investigation injured Manoj Kumar had died, as such, charge-sheet was submitted against the revisionists under Section 304 IPC.
(3.) AN application was moved by the prosecution before the prosecution could led its evidence that the revisionists should be tried under Section 302 IPC and charge be framed accordingly against them under Section 302 IPC and not under Section 304 IPC. Learned Additional Sessions Judge on 18-1-2002 rejected the said application of the prosecution and ordered for continuance of prosecution against the revisionists. Subsequently it seems that again the prosecution moved an application since revisionist have been charged only under Section 304 IPC but the prosecution witnesses are deposing with respect to commission of the crime by the revisionists under Section 302 IPC, as such, the charge be altered from Section 304 IPC to Section 302 IPC under garb and powers vested under Section 216 Cr. P. C. which was allowed by the learned Additional Sessions Judge, Lucknow vide order dated 5-4-2005. Hence this revision.;