ESAKKIAPPA MANIKARAJ @ RAJA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is filed praying to set aside the order made in Cr.M.P.No.221 of 2016 in S.C.No.393 of 2013, on the file of the learned IV Additional Sessions Judge, Tirunelveli, dated 24.06.2016.

(2.) Brief facts in nutshell are as under :- The petitioners are Accused Nos.1 to 4 respectively in S.C.No.393 of 2013, pending on the file of the learned IV Additional Sessions Judge, Tirunelveli. The respondent police have registered the First Information Report against the petitioners for the offences under Sections 294(b), 342, 506(ii) and 302 of IPC. After hearing the prosecution and the accused, the following charges were framed, on 18.11.2014:- A1 - 302 r/w 34, 294(b) (2 counts) and 506(ii) of IPC A2 - 302 r/w 34, 294(b), 352 and 506(ii) of IPC A3 - 302 r/w 34, 294(b) and 506(ii) of IPC, and A4 - 302 r/w 34 of IPC After completion of the prosecution evidence, the trial Court altered the above charges and added charges on 01.12.2015, as follows:-

(3.) Mr.S.Palani Velayutham, the learned counsel appearing for the petitioner contends that the trial Court has altered and also added new charges against the accused filed Crl.M.P.No.221 of 2016 for ordering new trial, on the basis of added and altered charges framed in the pending cases and the same was dismissed by the trial Court. The impugned dismissal order is being questioned in this Revision contending that the trial Court has not given an opportunity to prove the innocence of the accused and they are deprived of ventilating their case before the trial Court.