STATE OF PUNJAB Vs. TARA SINGH

JUDGEMENT

(1.) THESE two petitions-Criminal Revision Nos. 978 and 1138 of 1986 are directed against the same order of the Additional Sessions Judge, Amritsar, dated May 21, 1986, whereby during the course of trial of the respondents of charge under Sections 307/326/324 read with 149, Indian Penal Code, he came to the conclusion in the light of the statement of PW1, i.e, Dr. Harsh Kumar Mahajan, who had examined the injured i.e., Sucha Singh 307, IPC could not be sustained against them. In view of this conclusion of his, he while dropping the charge under Section 307, IPC. transferred the case to the Chief Judicial Magistrate, Amritsar, for trial. The State as well as the complainant respectively, impugn this order as already indicated, through these two petitions.

(2.) THE solitary argument raised by Mr. P.S. Sidhu learned Counsel for the State is that after the framing of the charge, the learned Additional Sessions Judge had no jurisdiction to alter the same and transfer the case to the Chief Judicial Magistrate. In submitting so, the learned Counsel appears to be oblivious of the provisions of Section 216, Cr.P.C. which lays down that any Court may alter or add to any charge of any time before the judgment is pronounced. I thus see no merit in this submission of the learned Counsel.

(3.) I , therefore, dismiss these petitions as meritless. Petition dismissed.