State of Jammu & Kashmir vs Abdul Ahad Sheikh and Others

G.B. Pattanaik and U.C. Banerjee, JJ.—Leave granted. The State of J and K is in appeal against the-impugned order of the learned Single Judge of the Jammu & Kashmir High Court, who by the impugned judgment at the stage of framing of charge, has altered the charge from Section 302 Indian Penal Code to one u/s 304 Part 1, on a finding that the accused must be said to have committed the offence because of sudden quarrel and the injury was not caused with an intention to cause death.

A bare perusal of the judgment would indicate that the High Court at the stage of framing of charge, has gone beyond its jurisdiction by trying to sift the evidence and examining the defense plea and ultimately, altering the charge framed. The parameters for exercise of power u/s 482 against an order of framing of charge have now been laid in several decisions of this Court and the impugned order does not conform to the said parameters. In this view of the matter, the impugned order of the High Court is set aside and the accused is directed to face the charge u/s 302 I.P.C. The Criminal Appeals stand disposed of accordingly.