SAMBHAJI DAGADU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this application, u/s 482 of the Criminal Procedure Code, the applicants have questioned the order dated 15.01.2011 passed by Judicial Magistrate First Class, Latur below Exhibit-24 in RCC No.401/2008. By the impugned order, the charge framed earlier, came to be altered as u/s 326 of the Indian Penal Code.

(2.) RULE. Rule made returnable forthwith. By consent of the learned counsel for the parties, heard finally at the stage of admission.

(3.) IT is urged that considering the definition of section 326, the use of weapon and the injury requires to be considered. According to learned counsel for the applicants, the iron rod cannot be termed as dangerous weapon and considering the nature of injury sustained by the victim, i.e. fracture on wrist, it cannot be said that the same would have resulted in death had it not been treated instantly. It is, therefore, urged that it was not necessary to alter the charge from offence punishable u/s 325 of the Indian Penal Code to offence punishable u/s 326 of the Indian Penal Code. Per contra, learned APP supported the impugned judgment.