BUJANGA ALIAS BUJJI Vs. STATE

JUDGEMENT

(1.) THIS petition is preferred seeking quashing of the alteration of the charge done by the learned 2nd Additional District and Sessions Judge, Bellary dated 25.01.2014.

(2.) THE learned Counsel strenuously contends that the charge altered by the learned Sessions Judge prejudices the defence of the accused. In this regard, he has relied upon a decision of the Bombay High Court reported in TLMHH -2012 -0 -1215 between Arif Ali S/o Yusuf Ali Sayyed Vs. State of Maharashtra through Anti Corruption Bureau.

(3.) BEARING in mind the above said principle, now let me see the factual aspects of this case. The State by Gandhi Nagar Police have laid a charge sheet against the accused persons/petitioners herein for the offences punishable under Sections 504, 307 r/w 34 of I.P.C. The learned Sessions Judge has framed charges initially on 26th day of June 2013. So far as the first charge is concerned, there is absolute no dispute. So far as the second charge is concerned, the learned Counsel contends that the alteration of the charge was made with respect to the weapon used for the purpose of commission of the offence. It is just and necessary to read the second charge framed by the Trial Court :