AMRISH ALIAS CHHUNNU Vs. STATE OF U P

JUDGEMENT

(1.) A. Mateen, J. Heard Sri Kunwar Mridul Rakesh, learned Counsel for the revisionist and Sri H. A. Alvi, learned Additional Government Advocate for the State.

(2.) THIS revision has been preferred by the revisionists against an order dated 5-4-2005 passed by learned Additional Sessions Judge, Lucknow under Section 216 Cr. P. C. whereby passing the order for altering the charge from Section 304 IPC to Section 302 IPC.

(3.) AN application was moved by the prosecution before the prosecution could led its evidence that the revisionists should be tried under Section 302 IPC and charge be framed accordingly against them under Section 302 IPC and not under Section 304 IPC. Learned Additional Sessions Judge on 18-1-2002 rejected the said application of the prosecution and ordered for continuance of prosecution against the revisionists.