RAJU Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) This Criminal Revision is directed against orders of trial court dated 18.9.2014 and 20.10.2014 whereby the Revisionists/accused facing trial in S.T. No.1572 of 2000 were charged in the alternative under Section 302 IPC in addition to charges under Sections 498A/304B IPC and Section 3/4 Dowry Prohibition Act already framed and thereafter rejection of application under section 217 CrPC moved by them for directing the prosecution to produce all the 17 witnesses already examined to substantiate the additional/alternative charge under section 302 IPC respectively.

(2.) The brief fact for deciding this revision in nut cell are that in the trial, the prosecution had examined as many as seventeen witnesses. When the trial fixed for delivery of judgement, the trial court after observing it that alternative charge under Section 302 IPC has not been framed by his predecessor in this case of 304B IPC therefore, alternative charge under Section 302 IPC is required to be framed in the interest of justice and after framing alternative charge in addition fix the case for prosecution evidence on 23.9.2014. The prosecution did not adduce any addition evidence and case was proceeded further. The revisionists than move an application under Section 217, CrPC with a prayer to direct the prosecution to produce 1 to 17 witnesses already examined to substantiate the additional/alternative charge under Section 302 IPC. The trial court after observing that the prosecution did not avail the opportunity granted by the court and did not adduce any evidence thus, the evidence of prosecution was closed and case was listed for recording statement under section 313 CrPC., rejected the application of the revisionists.

(3.) Heard the learned Counsel for the revisionists and learned AGA for the State and perused the record of the case