Court No. - 52
Case :- APPLICATION U/S 482 No. - 9685 of 2018 Applicant :- Petar Hanery Francis Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the impugned order dated 16.12.2017 passed by Special Judge (SC/ST Act) Jhansi in S.T. No. 121 of 2017 (State vs. Peter Hanery Francis) arising out of case no. 118 of 2017, u/s 302 IPC, P.S. Seepari Bazar, District Jhansi.
Learned counsel for the applicant states that the trial court has wrongly framed charge u/s 302 IPC as in view of the facts and circumstances of the case present offence will not travel beyond the purview of section 304 IPC.
I have perused the post mortem report. At this stage it cannot be said that prima facie offence u/s 302 IPC is not made out as a result of solitary knife injury on the chest of the deceased. I may record that it is matter of evidence during trial, based on which it is always open for the accused to move an application for alteration of charge as provided in the Code of Criminal Procedure.
Accordingly, the present application lacks merit and is hereby dismissed.
Order Date :- 27.3.2018 Dhirendra/