Case Facts:
Patna High Court Cr.Misc. No.17158 of 2011 (2) dt.31-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17158 of 2011 ====================================================== 1. Moolchand S/O Late Shaligram, Resident Of Village- Nagla Maheshi, P.S.- Barhan, District- Agra. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Premlata Devi S/O Late Nanhaka Sao @ Nageshwar Prasad, Resident Of Village- Teli Tola, P.S.- Mufasil, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akash Chaturvedi, Advocate For the Opposite Party/s : Mr. Manoj Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 31-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, point has been raised that an application filed by the petitioner to alter the charge has been rejected. From the order sheet it appears that the court below has framed the charge for offences under [STATUTE] whereas by an application under section 216 of the Code, a prayer has been made on behalf of petitioner that the court below should have framed the charge for offence under [STATUTE] instead of 337 and 302 of the Indian Penal Code. The counsel for the petitioner submits that the intention to kill is missing from the nature of allegation made in the F.I.R. and the court below has wrongly framed the charge for Patna High Court Cr.Misc. No.17158 of 2011 (2) dt.31-08-2012 offence under [STATUTE] . At this stage, this Court does not give any opinion on the merit of case which can be seen during the trial after recording evidences. Only then matter will be clear as to whether it is a case of 302 of the Indian Penal Code or a case of 304A of the Indian Penal Code. The petitioner, after recording the evidence of the parties, he will be at liberty to file an appropriate application raising all the points before the court below and the court below will examine the matter and pass the order in accordance with law without being prejudiced by the order of this Court. Accordingly, this petition is disposed of. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.