ANBALAGAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question the order of the concerned Court, which adds an offence i.e., the offence punishable under Sec. 498A of the Indian Penal Code, 1860 ('the IPC' for short) at the fag end of the proceedings in SC.No.1223/2014, which is being tried for offence punishable under Sec. 306 of the IPC.

(2.) Heard Sri. Gangandeep E., learned counsel appearing for the petitioners and Sri. Vinay Mahadevaiah, learned High Court Government Pleader appearing for respondent No.1.

(3.) The petitioner is accused No.1, daughter of the complainant. The daughter of the complainant dies by committing suicide on 13/12/2013. The axe of abetment falls on the petitioner and other members. The petitioner is accused No.1, who is said to have hurled certain abuses which had led to the daughter committing suicide. The trial is on for 10 years for the offence punishable under Sec. 306 of the IPC. The concerned Court at the fag end of the trial realises that the petitioner ought to have also been charged under the offence punishable under Sec. 498A of the IPC as well and passes an order for framing of charge for the offence punishable under Sec. 498A of the IPC, by invoking its power under Sec. 216 of the Cr.P.C. The petitioners/accused Nos.1 and 2 are before this Court challenging the order of the concerned Court on the application filed by the prosecution seeking inclusion of the offence punishable under Sec. 498A of the IPC at the fag end of the trial on the score that the concerned Court ought not to have considered the application and added an offence to be tried all over again.