BRAJESH Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Dash, J. Further hearing is taken up.

(2.) THE order of the learned XVIII Additional District & Sessions Judge, Meerut framing additional charge under Section 302 I. P. C. in S. T. No. 1125 of 1999 has been assailed by the petitioner, ac cused in the aforesaid case. It is contended by Sri Mishra that after trial was concluded both parties commenced argument and on the adjournment date a petition was moved on behalf of the prosecution for alteration of charge. It was contended that evidence adduced on behalf of the prosecution disclosed commission of mur der punishable under Section 302 I. P. C. Upon hearing the learned trial Judge ac cepted the contention of the prosecution and framed charge under Section 302 I. P. C. It is strenuously contended by Sri Mishra that looking to the materials available in the case diary, charges were framed under Sections 498-A, 306 and 201 and 201 I. P. C. According to the prosecution the deceased committed suicide and the petitioner abated the commission of the said offence punishable under Section I. P. C. So far as charge under Sections 498-A and 201 I. P. C. are concerned there is no dispute by either side. THE only question involved is whether charge having been framed under Section 306 I. P. C. , alternatively charge under Section 302 I. P. C. can be framed or not. Sri Mishra having taken me through the impugned order urges that it is a non speaking order and evidence brought in during trial has not been taken note of to find whether prima facie case under Sec tion 302-I. P. C. is made out or not. By reproducing the allegations made in the F. I. R. and taking into consideration the submission of the public prosecutor the learned trial Judge has held that a case under Section 302 I. P. C. is made out and accordingly altered the charge. THE order under challenging being not supported by reasons, contends Sri Mishra, smacks of arbitrariness which this Court in exercise of inherent power should set at naught.

(3.) RESULTANTLY, Criminal Misc. Ap plication is allowed and the impugned order is set aside. Learned XVIII Addi tional District & Sessions Judge, Meerut is directed to conclude the trial without fur ther delay. Application is allowed. .