NARENDRA PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Sec. 482 CrPC has been preferred against the order dtd. 5/6/2024, passed by learned Session Judge, Rampur in S. T. No. 297 of 2022 (State Versus Narendra Pal and others), under Ss. -498-A, 304-B IPC and Ss. -34 of D. P. Act, Police Station-Khajuria, District-Rampur, whereby it was directed that alternative charge under Sec. 30234 IPC be also framed against the accused applicants.

(2.) Heard learned counsel for the applicants and learned AGA for the State and perused the record.

(3.) Perusal of record shows that the applicants accused are facing trial in the aforesaid case. On 28/11/2022 the trial Court framed charges against them for offence under Ss. 498-A, 304-B IPC and Ss. -3 4 of D. P. Act. It appears that during trial the public prosecutor has moved an application stating that in post-mortem report, cause of death of deceased has been shown asphyxia as a result of ante-mortem throttling and the autopsy surgeon has already been examined during trial as PW 5 and thus, charge under Sec. 302/34 IPC be also framed against accused-applicants in alternative to the aforesaid charges. It appears that said application was allowed by the trial Court vide order dtd. 5/6/2024 and it was directed that alternative charge under Sec. 30234 IPC be also framed against accused persons.