MOOSA ABDUL REHMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants who were accused 1 and 2 before the Sessions Court have come up to this Court with this Criminal Appeal challenging the correctness of their conviction and sentence by the learned Sessions Judge.

(2.) From para 3 of the judgment under appeal it is seen that the charge was amended by the Court below adding after the words Al Abdul Rahiman again stabbed him two or three times and before the words with a dangerous weapon like knife, the following words, with the dagger on his back and that A2 Hanefa also stabbed Koyamon two or three times on his back.

(3.) The second appellant had before the learned Sessions Judge filed an application dated 3-11-1980 purported to be under section 216 of the Criminal Procedure Code praying for permission to re-summon or recall the witnesses examined in the Sessions Court before the charge was amended as mentioned above. This application was rejected by the learned Sessions Judge by his order dated 10-11-1980, the operative portion of which reads as follows: Notice taken by Public Prosecutor. Heard. No plea for a re-examination of the witnesses was made on behalf of the accused at the time when the charge was amended and before the court pronounced the judgment finding the first and second accused guilty. Further no prejudice has been caused to the accused by reason of the charge being amended because the trial proceeded on the basis that the charge which the accused when called upon to amend was the charge as it came to be subsequently amended. This application cannot be allowed and is hence dismissed