JITTU SINGH @ JITENDRA BAHADUR SINGH vs STATE OF U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
Counsel :
H.K. Sharma for the Applicants; AG.A. for the Opposite Parties.

Headnote:Criminal Procedure Code, 1973—SectJon482—Criminal proceedings—Quashing of—FIR lodged after three months of Incident—Police after investigation submitted charge-sheet under Sections 306/201 of IPC—Charges also framed against appellants—Prosecution moved an application for addition of charge under Section 302 of I PC—Allowed by Addl. Sessions Judge—Court has got right to amend charge at any stage of trial—But there should be sufficient evidence for that purpose—Allegation in FIR was that her husband had fell down in a well due to atrocities of appellants and died—FIR was dictated by informant—Informant on being examined of PW 1 added new allegation in her examination-in-chief—Proper procedure for Addl. Sessions Judge was to permit accused first to cross-examine informant PW 1—Then suitable orders should have been passed after proper appraisal of evidence—Impugned order is liable to be set aside—Ordered that accused shall first cross-examine informant PW 1—After completion of cross-examination prayer for amendment of charge can be considered.