KAMAL KISHORE Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS revision is directed against the order dated 24.2.2009 passed by learned Additional Sessions Judge (Fast Track Court), Chamba framing charge against the petitioner in Sessions trial No. 41 of 2008 under Sections 307, 341, 323, 325, 451 IPC.

(2.) THE brief facts of the case are that on the basis of FIR No. 46 dated 17.5.2007 registered at Police Station, Tisa, the petitioner is facing trial in Sessions Trial No. 41 of 2008 pending in the Court of learned Additional Sessions Judge (Fast Track Court), Chamba. The petitioner has assailed the framing of charge against the petitioner particularly under Section 307 IPC on the ground that on the basis of the material on record no offence under Section 307 IPC is made out against the petitioner and the learned Additional Sessions Judge (Fast Track Court), Chamba has erred in framing the charge against the petitioner under Section 307 IPC.

(3.) MR . Anshul Bansal, learned Additional Advocate General has supported the impugned order. He has submitted that the trial is already at advance stage, till now 17 witnesses have already examined by the prosecution and only a few witnesses of prosecution are left for examination. It has been submitted on behalf of the respondent that the trial Court has passed speaking order at the time of framing of the charge. The learned Additional Sessions Judge (Fast Track Court) is likely to decide the main matter on merits very shortly.