BABLI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this C482 application, applicants have sought the indulgence of this Court for a direction to the learned trial court to grant opportunity to the applicants/accused to cross-examine the witnesses of facts and witnesses of recovery in the context of the offence under Ss. 302, 201 IPC in Sessions Trial No.65 of 2012 (FIR No.254 of 2011) State Vs. Prabhunath and others, which is pending consideration before the Court of learned Additional Sessions Judge, Khatima, District Udham Singh Nagar.

(2.) It is contended by learned counsel for the applicants that earlier, learned Sessions Judge has framed charges against the applicants under Ss. 304 and 201 IPC. But, after conclusion of the trial and before pronouncing the judgment, charge has been altered and the applicants have been charged alternatively for the offences punishable under Ss. 302 and 201 IPC.

(3.) It is further contended by learned counsel for the applicants that this is a case of alteration, therefore, applicants only want opportunity to cross-examine the witnesses of facts and witnesses of recovery for his defense.