AJAY ANANDKUMAR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEAD Mr. M. R. Daga, Advocate for the applicants and mr. Loney, the learned A. P. P. for the State-respondent.

(2.) THIS revision application is preferred by the applicants for challenging the order passed by the 2nd Additional Sessions Judge, Washim on application Exh. 43 in Sessions Trial No. 85 of 1996 filed by the applicants-accused for alteration of the charge then learned Additional Sessions Judge, Washim heard the Counsel for the parties and rejected one application filed by the applicants for discharging them. The learned Sessions Judge framed charge for the offences under sections 147, 148, 307, 341, 342, 354 and 427 of the Indian Penal Code. Thereafter, the applicants filed an application Exh. 43 claiming for alteration of the charge to offence under section 324 of the Indian Penal Code. The trial Court rejected the application. The applicants approached this Court by preferring criminal Revision No. 134 of 1999. This Court, by an order dated 10th September, 1999, disposed of the revision application and remitted back the matter for re-consideration.

(3.) THE learned Additional Sessions Judge, Washim then, after hearing counsel for the parties, again rejected the application by the order dated 1 2/10/1999 which is under challenge before this Court. Mr. Daga, the learned Counsel for the applicants, vehemently submitted that considering the nature of injuries sustained by the victim and also the circumstances attending the case, the offence under section 307 of I. P. C. is not at all made out and at the most, the offence would be that of under section 324 of I. P. C. He, therefore, urged that the trial Court has committed an error of law in rejecting the application.