SURAJMAL SHARMA Vs. STATE

JUDGEMENT

(1.) This Rule was obtained by these petitioners against an order of Mr. G. Kumar, Presidency Magistrate, Calcutta, convicting the petitioners Under Section 116/161, Penal Code, and sentencing them to rigorous imprisonment for six months, each.

(2.) A preliminary point has been taken by Mr. Talukdar on behalf of the petitioners that the trial has been vitiated by the fact that the charge on which the petitioners were originally tried was altered after arguments of both sides had been heard and immediately before judgment was delivered, on 13th February 1950. The charge originally framed was in these words:

(3.) From order No. 15, dated 13th February 1950, it appears that at the time of writing judgment, it appeared to the learned Magistrate that the charge framed was not happily worded and so he altered the charge. The order continues in these words: "As the alteration is purely a technical one, it is not likely to prejudice the accused if the case be proceeded with immediately. So, judgments will be delivered today at 3.30 p.m."