SUPERINTENDING ENGINEER VIRUDHUNAGAR ELECTRICITY DISTRIBUTION CIRCLE VIRUDHUNAGAR Vs. SIVAKASI ELECTROCHEMICAL LTD REP BY ITS CHAIRMAN AND MANAGING DIRECTOR C.A.JAIRAJ

JUDGEMENT

(1.) THE petitioner herein is an accused in S.C. No. 91 of 2008, on. the file of the District and Sessions Court, Sivagangai. Charges were framed against the petitioner for the alleged offences punishable under Sections 306, 498(A) and 304(B) IPC, thereby the Trial Court, in view of a circular dated 18.5.2011, issued by the Registry of this Court, in pursuant to a judgment passed by the Hon?ble Supreme Court in Rajbir @ Raju and Another v. State of Haryana AIR 2011 SC 568 : LNIND 2010 SC 1123 : (2011) 1 MLJ (Crl) 725 , has altered the charges by including the alleged offence punishable under Section 302 IPC. Challenging the said order, the present Criminal Original Petition has been filed.

(2.) THE learned counsel for the petitioner submitted that a perusal of a copy of the complaint and charge sheet, which have been taken on record, would amply disclose the fact that the alleged offence punishable under Section 302 IPC has not been made out. THE learned counsel further submitted that while exercising power under Section 216 of the Code of Criminal Procedure towards addition or alteration of the charges during trial, the Court will have to be satisfied with the materials available on record. THE learned counsel also submitted that the said judgment of the Hon?ble Apex Court cannot be applied like a statute and has to be applied on the facts of the case, and hence, the order passed by the learned District and Sessions Judge, Sivagangai, in adding alleged offence punishable under Section 302 IPC will have to be set aside.

(3.) THERE is no dispute on facts. A perusal of the complaint as well as the charge sheet filed would clearly disclose that the materials available on record that would constitute the alleged offences punishable under Sections 306, 498(4) and 304(B) IPC alone. When there is no material whatsoever, the Trial Court ought not to have ordered the offence coming under Section 302 IPC. It is trite law that a charge could be framed only with an alleged offence. When there is absolutely no material available on record to hold that the petitioner has committed the murder warranting punishment under Section 302 IPC, the alteration of the charges by theTrial Court is totally unwarranted.