MADALAIMUTHU Vs. STATE

JUDGEMENT

(1.) Accused, 1, 2 and 4 to 7 are the appellants. They and another, by name Dhanaraj, viz., 3rd accused, faced trial in S. C. No. 34 of 1986 on the file of the Court of Session, Tiruchirappalli Division.

(2.) Various charges had been framed as against the said accused, as reflected below :

(3.) After the framing of charges, 3rd accused died and consequently, the charge as against him got abated. After the examination of the prosecution witnesses, it appears, learned public prosecu tor filed a memo for amendment of the second charge originally framed. The said memo had been considered by learned Sessions Judge and charge No. 2 had been reframed as charge No. 2 and 2(a), the former relating to accused 1, 2 and 4 for an offence under Section 302 read with Section 34, I.P.C. and the latter relatable to accused 5, 6 and 7 for the offence under Section 302 read with 149, I.P.C. On the charge so amended, opportunity had been provided to the accused and at their instance, P. Ws. 1, 3 and 6 were recalled and further cross-examined by the defence.