KANUBHAI JAMSHABHAI HADPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY filing this criminal revision application u/s 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr. P. C."), the petitioner has challenged the order passed by learned Addl. Sessions Judge and Presiding Officer, 8th Fast Track Court, Vyara on 6 -1 -2006 below application Exh,. 48 in Sessions Case No.31 of 2005, whereby the court allowed the application moved by the prosecution to make correction in the charge.

(2.) THE petitioner is being prosecuted for the offence punishable u/ss 302, 323 and 524 of the I.P. Code. After recording of oral evidence of the witnesses to prove charge, the prosecution gave application Exh. 48 to make correction in the charge on the ground that according to the charge Nitin, the son of complainant died on account of injury sustained when he fell down on stone as the accused gave him push while he tried to intervene but the witnesses examined by the prosecution have in their depositions deposed that the accused hit the deceased with stone on his stomach and therefore correction is required to be made in the charge.

(3.) AFTER hearing, the learned trial Judge allowed the application and directed to make correction in charge Exh. 5 framed against the petitioner. Being aggrieved by the said decision, the present criminal revision application has been filed.