(1.) Heard learned counsel for the applicant and Sri S.P.Tiwari and Sri Ajay Kumar Srivastava, learned counsel appearing for the State of U.P. and perused the record.
(2.) In view of proposition settled on the issue involved in this case as also the fact that two witnesses of prosecution have already been examined before the trial Court namely Arun Kumar/PW-1 and Dileep Kumar Tiwari/PW-2, notice to opposite party No.2 is dispensed with.
(3.) Present application has been filed by the applicant challenging the order dtd. 1/6/2024, whereby the Additional District and Session Judge, Court No.03, Gonda, (in short "trial Court"), deleted/changed the charge under Sec. 306 IPC, framed on 11/5/2023 and framed the charge under Sec. 302 IPC. Relevant portion of the order dtd. 1/6/2024 is extracted hereinunder:-