MAHESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision petition, the order dated 3.3.2010 has been challenged.

(2.) It is stated that charge was framed under Sections 498A and 306 of IPC. On conclusion of trial, the matter was heard finally and placed for dictation of judgment. The dictation could not be completed due to paucity of time, as is coming out from the order dated 26.2.2010. The Court below altered the charge earlier framed. Pursuant to the order dated 3.3.2010, now the charge has been framed under Sec. 302 and alternatively under Sec. 306 of IPC. This is without providing opportunity of hearing to the petitioner because at the instance of the Court itself, there is alteration of charge. No application was moved by the prosecution for alteration of charge, thus looking to the aforesaid, the impugned order deserves to be quashed and set aside.

(3.) Learned Public Prosecutor on the other hand submits that looking to the dying declaration, it is coming out that case under Sec. 302 of Indian Penal Code is made out, thus for the ends of justice, the charges were altered by the Court below. It is stated that petitioner had never questioned alteration of charge rather on application moved by the prosecution not to lead evidence and to rely on the evidence already laid, petitioner herein prayed for time to indicate as to which of the prosecution witness is to be cross-examined by him.