1 CRA 579/09 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISIONAPPLICATION NO. 579 OF 2009 The State of Maharashtra .. Applicant V/s Khuba Basu Rathod & Ors. .. Respondents Mr. Y.S. Shinde, A.P.P. for the applicant. None for the respondent. CORAM : N.D. DESHPANDE, J. DATE : 29TH OCTOBER 2010 P.C. : 1. Heard. 2. This is a criminal revision application pending since long. The record shows that the learned A.P.P. wanted to produce medical certificate of the victim on record. 3. The impugned order is dated 12th March 2009 passed below Exhibit-22 in R.C.C. No. 591 of 2007 by the learned J.M.F.C., Court No.2, Solapur. The request of prosecution for alteration of charge to section 307 of I.P.C. was turned down by the learned Magistrate. 4. Perused the impugned order. Heard the submissions of the 2 CRA 579/09 learned A.P.P. The matter is part-heard since long before the trial court. Evidence of the complainant, who is the victim of assault, is recorded partly. The trial is in progress for well defined charge under section 326 of I.P.C. while the learned A.P.P. insisted on framing of charge under section 307 of I.P.C. Careful reading of the offence under section 307 of I.P.C. reveals that the definition is incomplete unless the definition of offence of murder under section 302 of I.P.C. is read together. The offence is under section 307 of I.P.C. Section 307 of I.P.C. reads thus: “307. Attempt to murder.- Whoever does any act with such intention or knowledge and under such circumstance that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life or to such punishment as is hereinbefore mentioned.” 5. The offence under section 326 of I.P.C. is voluntarily causing grievous hurt by dangerous weapons or means. The evidence is led by the prosecution in that direction of the 3 CRA 579/09 incident alleged in the charge sheet and deposed by the victim. The accused is also facing trial referring to the said charge read over and explained to him. Any such change would certainly be prejudicial to the accused and, at the same time, it is found that there would be no prejudice caused to the prosecution even in case the offence under section 326 of I.P.C. is proved and the accused is dealt with appropriately. The punishment under section 326 of I.P.C. may be extended upto 10 years imprisonment and in some cases for life depending upon the nature of the incident and the aggravating circumstances. 6. Upon consideration of the record, I am of the opinion that no case is made out by the State. No interference with the order of the learned trial court is called for. Revision application stands dismissed. (N.D. DESHPANDE, J.)