BHAGWAN DASS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a revision petition against an order amending the charge in a session case.

(2.) A challan under section 302 of the Indian Penal Code was presented against the petitioner in the Court of Magistrate First Class, Sagar. The magistrate committed the petitioner to the Court of Session for trial on a charge under section 304 (Part II) of the Indian Penal Code. The learned additional Sessions Judge while trying the petitioner amended the charge and altered it to one under section 302 of the Indian Penal Code. Being aggrieved thereby the petitioner has come up in revision before this Court.

(3.) THE main point that was urged by the learned counsel for the petitioner was that the committing Magistrate having discharged the petitioner of the major offence under section 302 of the Indian Penal Code, the Additional sessions Judge was not competent to alter the charge to one under section 302 of the Indian Penal Code. I am, however, not impressed by this argument.