KANUBHAI DADABHAI BORIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel for the applicant, Mr. Zubin F. Bharda and learned A. P. P. , Ms. Mini Nair, for the respondent-State.

(2.) BY way of filing present Revision Application, the applicant has prayed for quashing and setting aside the order dated 02. 01. 2009 passed by the Learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 3, Ahmedabad (Rural) below Exh. 14 application in Sessions Case No. 22/2008.

(3.) THE brief facts leading to the filing of the present Revision Application are that an offence being C. R. No. I-32/2007 came to be registered with Ranpura Police Station for the offences punishable under Sections 302, 325, 147, 148, 149 and 506 (2) of the Indian Penal Code alleging inter alia that the present applicant/original accused and other accused, after forming an unlawful assembly armed with deadly weapons like stick, axe and revolver, assaulted the complainant and his brother and thereby caused severe injuries to the brother of the complainant and as a result of which, he succumbed to the injuries. Thereafter, the Learned Sessions Judge framed charge against the accused for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code vide Exh. 5. On 17. 09. 2008, the applicant submitted an application, Exh. 14 under Section 216 of the Code of Criminal Procedure to alter the charges from Sections 147, 148, 149 and 302 of the Indian Penal Code to Sections 308 and 335 of the Indian Penal Code. However, the Learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 3, Ahmedabad (Rural) vide impugned order dated 02. 01. 2009 partly allowed the application, Exh. 14 and ordered addition of charges under Sections 308 and 335 of the Indian Penal Code, which gave rise to file present Revision Application.