DHARMENDRA KUMAR @ ANIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner Dharmendra Kumar @ Anil Kumar has preferred this petition under Section 482, Cr PC for setting aside the order impugned dated 17.8.2003 passed by Shri M. Mahto, Additional Judicial Commissioner, F.T.C., Ranch! in Sessions Trial No. 544/02 at the fag end of the trial when the judgment was to be pronounced.

(2.) IT has been submitted on behalf of the petitioner that the order impugned was passed on the date when it was fixed for the delivery of the judgment after conclusion of the trial. After examination of the prosecution witnesses the accused persons including the petitioner were examined under Section 313, Cr PC and after entering into the defence three witnesses were produced and examined on behalf of the defence.

(3.) LEARNED Counsel submitted that the order impugned was not based upon the submission on behalf of the prosecution rather it was drawn suo motu by the trial Court. The extract of the relevant portion of the order impugned dated 17.8.2004 is hereunder," On perusal of the charge -sheet and the case diary and the case record it is evident that in this case charge -sheet was submitted under Section 366/376/34, IPC. There are evidences available and there are also prima facie evidences in the case diary also for framing of charge under Section 366/34 and 376, IPC but due to some inadvertence while framing of the charge, which was framed under Section 366 -A/34, IPC. Hence for the ends of justice it is necessary to amend charge framed on 9th December, 2003.