TMI Blog2002 (8) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... .P.C. were framed on 16-7-2001. Thereafter the statement of PW 1, Rajendra Prasad was recorded. The applicants then moved an application to alter the charge under Section 307/34. I.P.C. to 324/34 I.P.C. on the basis of his statement. The application has been rejected by the impugned order dated 6-7-2002. Aggrieved by it, the present petition has been filed. 2. Learned counsel for the applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 307/34, I.P.C. and to frame the charge under Section 324/34, I.P.C. The application is therefore, not for alteration of the charge. 4. What is alteration of charge can be explained by one example. If the charge is framed with the help of Section 34, I.P.C. the charge may be altered as simpliciter. The word alteration has not been used in the above Section and therefore, the charge once fra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .C. the only observation is that add to any charge means the addition of a new charge. An alteration of a charge means hanging or variation of an existing charge or making of a different charge. This decision is of no help to the applicants and does not provide for deletion of charge. 6. The petition is totally misconceived. The application was rightly rejected. 7. The petition is dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|