hi everyone..one of my friend had quarrled with his brother because of some property issue..one day his brother attacked my friend with sword(talvar)..his intention was to shot on the neck(ie. intention to kill) but fortunately my friend escaped by raising his right hand and shot is on his right arm and he was heavily bleeded and admitted to hospital..the sword is under police custody..police initially registered case under section 307 and some other sections in F.I.R...During submission of chargesheet police deleted section 307...medical report was shown as "simple injury"..now the trial is going in lower court which has no authority to trial 307...My friend appealed the said trial to session court for trial under 307 (alteration of charge) but session court order was to examine the witness and leving of charge under 307 is left on wisdom of lower court judge...now my query is to what to do about alteration of charge done by police???how to establish the proof that the crime is done under section 307?? and what next steps i have to go through....pls help me out...now case is in witness stage..
sir my friend had given witness...(mean his witness was examined..)....now court is asking to present
i-witnesses so that judge can determine whether the case falls under 307 or not....my querry is instead of sword is in custody,case was filed under 307 in FIR,deletion of charge 307 in chargesheet,is the lower court has jurisdiction to trial???and what if 2 out of 5 i-witnesses are not ready to give witness because of pressure from accused side..???
Till the case gets committed to sessions it is up to trial court magistrate to entertain petition filed for adding charges. for 307 case will be tried in sessions, but for ipc 323 or 324 it will be tried by any magistrate.