SHANKER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. is directed against the order dated 09.5.2003 passed by Judicial Magistrate, Dungargarh (for short 'the trial court' hereinafter) whereby after hearing the final arguments at the time of judgment, the trial court altered the charge from Sec. 325 Penal Code to Sec. 326 IPC. Aggrieved by the order altering the charge, the petitioner has filed the instant petition.

(2.) I have heard learned counsel for the petitioner and public prosecutor. Carefully gone through the order impugned as also the relevant material.

(3.) From the perusal of the order impugned it appears that the the trial court altered the charge from Sec. 325 Penal Code to Sec. 326 Penal Code only on the ground that injured PW-7 Lichhman Ram in his statement stated that the injury was inflicted by "Basola" which is a sharp edged weapon.