ASWATHY K. P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision petition under Sec. 397 r/w 401 of the Code of Criminal Procedure (for short 'Cr.P.C.' hereinafter), has been filed by the accused in SC.No.677/2019 on the files of Assistant Sessions Court, Irinjalakuda.

(2.) The revision petitioner impugns order in Crl.M.P.No.99/2023 in the above case dtd. 13/2/2024, whereby the learned Assistant Sessions Judge allowed an application filed by the learned Public Prosecutor under Sec. 216 of Cr.P.C., to alter the charge for the offence punishable under Sec. 302 of the Indian Penal Code (for short, 'IPC' hereinafter), after altering earlier charge framed, alleging commission of offence punishable under Sec. 304 of IPC.

(3.) It is argued by the learned counsel for the petitioner that after framing charge under Ss. 304 and 309 of IPC, trial started and PWs 1 to 5 were examined. Thereafter, relying on the evidence given by PW5, the court, acting on the application filed by the prosecution under Sec. 216 Cr.P.C, altered the charge. It is submitted that the prosecution has no right to seek alteration of charge though it is permissible at the volition of the court. The learned counsel placed decision of this Court reported in [], State of Kerala v. Azeez and Ors., where this Court referred decision of the Apex Court reported in [ : (2017) 3 SCC 347], P.Kartikalakshmi v. Sri Ganesh and anr. where it was held as under: