JUDGMENT :

1. Heard Sri S.D. Singh Jadaun for the sole appellant and learned A.G.A. for the respondent.

2. This appeal challenges the judgment dated 3.8.2013 passed by Shri Krishan Pratap Singh, Additional Session Judge, Court No.1, Varanasi, in Sessions Trial No.717 of 2010, under Sections 498A/302/304B of IPC and 3/4 D.P. Act, Police Station – Shivpur, District – Varanasi, convicting and sentencing the appellant under Section 302 IPC for life imprisonment and fine of Rs.25,000/- failing in payment of fine two years additional rigorous imprisonment.

3. Before we begin to pen down the reasons, we are shocked that the charge was framed on 12.1.2011 which was for commission of offence under Section 304B/498A and also under Section 3/4 of D.P. Act. This charge came to be framed against the accused on 12.1.2011. The charge was framed by one Sri D.K. Srivastava, learned Addl. District & Sessions Judge, Varanasi.

4. After his transfer, very strangely the new incumbent Sri Krishna Pratap Singh altered the charge and charged the accused for commission of offence under Section 302 I.P.C. Un