TEJARAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The instant revision petition has been filed on behalf of the petitioner challenging the order dated 10.8.2007 passed by the learned Addl. Sessions Judge (Fast Track) No. 1, jodhpur in Sessions Case No. 85/2007, whereby, charges have been framed against the petitioner for the offences under Sections 498-A, 306 and in the alternative for the offence under Sec. 302 I.P.C.

(2.) the grievance which has been advanced by way of instant revision petition is that by virtue of Sec. 221(2) Criminal Procedure Code, the framing of a charge under Sec. 302 Indian Penal Code as an alternate to the charge under Sec. 306 Indian Penal Code is not permissible. Learned counsel for the petitioner submits that the offences under Sections 302 and 306 Indian Penal Code arc- distinct offences and one cannot be said to be an alternative of the another. The nature of the acts and evidence required to prove both the charges are absolutely different, as such, the framing of an alternative charge for these two offences in the same case is bound to prejudice the accused and therefore the order impugned dated 10.8.2007 passed by the learned Addl. Sessions Judge (Fast Track) No. 1, Jodhpur is absolutely illegal.

(3.) Per contra, learned Public Prosecutor has opposed the revision petition.