Seeking advice on a hit and run case

Dear Experts,

I , my uncle and his child were victim of a Hit and Run case.

My Uncle died in that incident.

My Questions are :

1. If i Submit a Application in Court for change in Charges (i.e. to add Sec. 304(Part II) of IPC) then MACT Case will affected with such change?

2. Is there any way that i can get Photograph of Driver(Culprit) which was taken at the time of Arrest by Police?

Kindly Reply ASAP

Thank You