Cr.M.M.O. 60 of 2008 16.12.2008 Present: Mr.C.N.Singh, Advocate, for the petitioner. Mr. Ashok Tyagi, Advocate, vice Mr.Anand Sharma, Advocate, for the respondent. On the request of Mr. Singh, learned counsel for the petitioner, list the matter on 17.12.2008 for hearing. December 16, 2008 (Surinder Singh),J. (D) Cr. Appeal 706 of 2000 16.12.2008 Present: Mr. Sanjeev Kumar, Advocate, vice Mr. T.C.Sharma, Advocate, for the appellant. Mr.J.S.Guleria, Law officer, for the respondent-State. Learned counsel appearing vice counsel for the appellants prays for an adjournment, as the original counsel is stated to be out of station. Prayer is allowed. List the matter on 23.12.2008, for hearing. December 16, 2008 (Surinder Singh),J. (D) Cr. Revision 179 of 2008 16.12.2008 Present: Mr. Alok Ranjan, Advocate, vice Mr. Jitender Dhanda, Advocate, Advocate, for the petitioner. Mr.J.S.Guleria, Law officer, for the State-respondent No.1. Heard and perused the record. An altercation took place interse the deceased and accused while taking a pass by the driver of the car of the accused. The deceased was allegedly attacked with a screw driver in his stomach, which proved to be a fatal. The petitioner, who is a friend of the deceased traveling with him, is a complainant in FIR No.28 of 2008 registered at Police Station, Kasauli, District Solan, which is a State case. The learned trial court on going through the report, documents appended to the challan and after hearing the parties, framed the charge against the accused under section 304 Part (I) of the Indian Penal Code. Now the contention of the complainant is that the charge should have been framed under section 302 of the Indian Penal Code instead of 304 Part(I) of the Indian Penal Code. In fact if during the trial the ingredients of the offence punishable under section 302 of the Indian Penal Code are made out, the court trying the case is not debarred to alter or amend the charge. The prayer made by the petitioner is against the interlocutory order, which does not culminate the proceedings, therefore, the revision petition is not maintainable, hence the same is dismissed. December 16, 2008 (Surinder Singh),J. (D) Cr. M. M.O. 30 of 2008 16.12.2008 Present: Mr. Banbhushan Singh, Advocate, vice Mr. Ajay Sharma, Advocate, for the petitioners. Mr. R.Lall, Advocate, vice Mr. K.D.Sood, Advocate, for the respondent. Learned counsel appearing vice counsel for the petitioners prays for an adjournment, as the original counsel is stated to be out of station. Heard in part. List on 23.12.2008 for further hearing. December 16,2008 (Surinder Singh),J. (D) Civil Suit 6 of 2006 16.12.2008 Present: Mr. J.S.Bhogal, Senior Advocate, with Mr. Suneet Goel, Advocate, for the plaintiffs. Mr. J.L.Kashyap, Advocate, for the defendants. As per report of the Registry, steps not taken, for summoning the evidence of the plaintiffs. Process fee and diet money etc, be filed within two days and thereafter the matter be listed for evidence of the plaintiffs (two witnesses per day in continuity) on a date to be fixed by the Registrar (Inspection). December 16, 2008 (Surinder Singh),J. (D)