RAMESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are convicted and sentenced for offences under Sections 143, 147, 148, 323, 324 and 307 read with Section 149 of the Indian Penal Code (I.P.C, for short). The court below framed a charge against the accused which is extracted below:

(2.) A reading of the above charge itself would reveal that the charge is not framed in conformity with any of the relevant provisions of the code relating to framing of charge. Section 212 of the Code of Criminal Procedure ('the code', for short) provides that particulars as to time place and person against whom the offence was committed shall be stated in the charge. Sub section (1) of section 212 of the code reveals that charge "SHALL" contain such particulars (as to the time and place of the alleged offence, and the person (if any) against whom, it was committed) as are reasonably sufficient to give the accused notice of the matter with which he is charged. Section 218 of the code provides that for every distinct offence of which any person is accused, there shall be a separate charge.

(3.) Section 211 of the Code deals with form of charges and contents of charge. The Form of Charge referred to in section 211 of the code is available in Form No. 32 in schedule II of the code. It reveals that the details of each offence are to be stated with reference to the particular accused who committed the offence and the person against whom such offence is committed. It also shows that if the charge is having two or mote heads, each charge must be separately detailed. Legislature intended that the court shall frame charge in such a way that the charge shall contain the necessary details to the distinct offence or offences which include date, time and place where the offence is committed and the person who committed the offence and the person against whom such offence is committed. But, the charge framed in this case is, evidently, not in compliance with the mandatory provisions contained in the code and hence, it is illegal.