OM PRAKASH ALIAS OMEY Vs. STATE

JUDGEMENT

(1.) PETITIONERS having faced trial in FIR No.63/2000 under Sections 365/304/279/201/34 of IPC registered at P.S. Dabri, Delhi, stand convicted by the trial court for the offence under Section 187 of the Motor Vehicle Act, 1988 and have been awarded imprisonment for three months each with fine of Rs.5,000/- each, which is assailed in this revision petition on the ground that at the final stage of trial, additional charge for the offence under Motor Vehicle Act,1988 was framed against petitioners and without affording opportunity to defend themselves, they have been convicted for the offence under Motor Vehicle Act by simply observing that petitioners suffer no prejudice on account of framing of the additional charge.

(2.) THE factual background of this case as noted in the impugned judgment of 31st August, 2007 is as under: -

(3.) ON the strength of afore-cited decisions, it was vehemently urged by learned counsel for petitioners that power to alter or amend the charge does not include framing of a new charge and that too, at the end of trial and so, the impugned order is patently illegal and deserves to be set aside.