CHERIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the accused Nos.1 to 3 in S.C No.602 of 2007 on the file of the Additional Sessions Judge (Adhoc) Fast Track Court No.1, Thrissur. The above case was initially registered as Crime No.474 of 2004 of Wadakkancherry Police Station as a case of unnatural death in relation to the death of one Smt. Jessy. During investigation, it was disclosed that the accused Nos.1 to 3 committed an offence punishable under Section 498A read with Section 34 of the Indian Penal Code (hereinafter referred to as " I.P.C "). Accordingly, investigation was proceeded against them for the offence punishable under Section 498A read with Section 34 of I.P.C. Subsequently, on 28.11.2004 the investigating officer filed a report before the court deleting the name of A2 and A3 from the array of accused. Thereafter investigation was taken over by the Dy. S.P, Kunnamkulam and he again filed a report for implicating A2 and A3 in the array of accused incorporating Section 306 of I.P.C as well. After completing the investigation, final report was filed before the court for the offences punishable under Sections 498A and 306 read with Section 34 of I.P.C on 20.10.2005. After complying with requisite formalities, the learned Magistrate committed the case to the court of Session in accordance with law.

(2.) The learned Sessions Judge took cognizance of the offences under Sections 498A and 306 read with Section 34 of I.P.C. After having heard both sides, charge was framed for the aforesaid offences. When, the case was posted for trial before the trial court on 17.09.2008, the learned Special Public Prosecutor filed Crl. M.P No.110 of 2010 in S.C No.602 of 2007 to add the charge incorporating Section 304B as well. The trial court heard the learned Special Public Prosecutor and the learned counsel for the accused and allowed the same by order dated 13.01.2010. Feeling aggrieved, the accused has preferred this revision before this Court.

(3.) Heard Sri. M. Revikrishnan, learned counsel for the revision petitioners/accused, Sri. M. S. Breeze, the learned Senior Public Prosecutor and Sri. K.K. Dheerendrakrishnan, learned counsel for the additional 2nd respondent.