MD AZAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has questioned the judgment of his conviction under section 302 of the Indian Penal Code.

(2.) In Sessions Case No. 45 of 2009, the appellant was charged under section 304-B of the Indian Penal Code for committing dowry death of his wife namely, Hena Bibi on 06.10.2008 at village-Lagwa. After both parties have led evidence and the case was posted for judgment on 25.11.2009, in the light of the direction issued by the Supreme Court in "Rajbir Alias Raju and Another Vs. Sate of Haryana", 2010 15 SCC 116", additional charge under section 302 of the Indian Penal Code was framed against the appellant, however, as provided under section 217 of the Code of Criminal Procedure the prosecution witnesses were not recalled and thus the appellant was not afforded an opportunity to cross-examine the prosecution's witnesses on the amended charge.

(3.) The appellant has been convicted under section 302 of the Indian Penal Code.