CHANDRASHEKHAR NAMDEV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition has been filed by the petitioners under Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, against the order dtd. 21/8/2024 passed by learned Ist Additional Sessions Judge, Mahasamund, in Sessions Case No. 52/2022, whereby the learned trial court has allowed the application filed by the prosecution under Sec. 216 of Cr.P.C. and framed the additional charge of Sec. 333 of the IPC.

(2.) Brief facts of the case are that on 19/3/2022 a quarrel took place between the petitioners and the deceased, who was a sub-inspector of police and he ultimately died. The offence under Ss. 147, 149 and 302 of IPC was registered bearing Crime No.134/2022 and charge sheet was filed against the petitioners. The petitioners are accused persons in the said offence. The petitioner No. 5 is granted bail by the Hon'ble Supreme Court vide order dtd. 8/1/2024. The prosecution witnesses were examined, the statement of accused were recorded and after hearing the parties, the case was fixed for passing judgement on 21/8/2024.

(3.) On 14/8/2024, the prosecution filed an application under Sec. 216 of the Code of Criminal Procedure, 1973, for framing of the additional charge of Sec. 333 of IPC. It is avered by the prosecution in the application that the deceased, Vikas Sharma, was on patrolling duty on the date of the incident, and he was discharging his duty. P.W. 6 Akash Sharma has deposed in para 4 of his evidence that the deceased, Vikas Sharma, was on duty at the time of the incident. Further, the witnesses P.W. 2 Durgesh Kumar Kannauje, P.W. 7 Lal Vijay and P.W. 16 Ashish Verma have stated in their evidence that the accused persons have assaulted the deceased by hand and fist and the said evidence is supported by the evidence of Dr. I. Nageshwar Rao, P.W. 12. It is also avered in the application that the deceased, who was on official duty, was being assaulted by the accused persons and therefore, the offence of Sec. 333 IPC prima facie appears to be made out against the accused persons. It is also avered that the court has the power to alter or frame the new charge at any time before pronouncement of judgment based on the material available on the record during the trial. Therefore, the additional charge of the offence of Sec. 333 IPC be framed against the accused persons.