NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed under Section 397 read with section 401 of the Code of Criminal Procedure, 1973 against the order dated 7th September, 2007 passed by the learned Additional Sessions Judge (Fast Track), hindauncity District Karauli by which on an application filed by the complainant under section 216 Cr. P. C, the charge has been altered and framed under section 302 IPC.

(2.) IT has been contended by the learned counsel for the petitioners that charge-sheet in this case was filed under section 306-IPC, therefore, in the absence of material, the charge has been altered and framed under section 302 IPC. It has also been contended that on previous occasion, no charge was framed under Section 302 IPC after filing charge-sheet under section 306 IPC and at that point of time complainant and accused both preferred revision petitions before the hon'ble High Court and the Hon'ble High court dismissed both the revision petitions as the same were not pressed. Learned counsel has read before me the statement of Hargyan to show that the story of the prosecution is doubtful and the facts of the case and evidence recorded by the court would indicate that the order for framing charge under Section 302 IPC is liable to be set aside.

(3.) LEARNED Public Prosecutor and the learned counsel for the complainant have opposed the submissions made by the learned counsel for the petitioner.