MOOSA ABDUL RAHIMAN 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 that Court below adding after the words "A1 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 Haneefa also stabbed Koyamon two or three times on his back".

(3.) The second appellant bad before the learned Sessions Judge filed an application dated 3 11 1980 purported to be under S.216 of the Code of Criminal Procedure, praying for permission to resummon 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: