BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Bhanwar Lalwas committed by the learned Munsif and Judicial Magistrate Anoopgarh, to the Court of the Additional Sessions Judge, Raisinghnagar, to stand trial for the offence under Sec. 302 I. P. C. for committing the murder of Reslima by putting insecticide forcibly in her mouth. At the initial stage, the case was registered under Section 174 Cr. P. C. and after investigation, it was found that she died on account of asphyxia. Later on, on September 26,1986, Madu Ram-the father of the deceased, made amendment in his earlier report of September 16, 1986, that Doongar Ram has informed him that in the night, at about 11. 00 p. m. , when he got up to make water, he saw accused Bhanwariya standing near the cot of Reshma and was molesting her. As they were seen by Doongar Ram and therefore she committed suicide by taking insecticides. On the basis of this Bmended report, a case under Section 306 I. P. C. was registered against accused hanwar Lal. The police, after necessary investigation, presented the challan under Section 302 I. P. C. against the accused. The learned Additional Sessions Judge tried the accused, petitioner Bhanwar Lal for the offence under Section 302 I. P. C. The prosecution, in support of its case, examined ten witnesses. The accused was, also, examined under Section 313 Cr. P. C. but he did not produce any evidence in defence. Arguments were heard and the case was fixed for pronouncement of judgment. On the date fixed for pronouncement of judgment, the learned Additional Sessions Judge did not pronounce the judgment but ordered for the amendment in the charge under Section 302 I. P. C. and for addition of the charge under Sec. 376 I. P. C. against the accused. It is against this order dated January 15, 1991, ordering for the addition of charge under Section 376 I. P. C. and modification of charge under Section 302 I. P. C, that the present miscellaneous petition has been filed by the petitioner.

(2.) SECTION 216 Cr. P. C. provides that any Court may alter or add any charge at any time before the pronouncement of the judgment. The power of altering or adding the charge, though vests in the trial Court and the trial Court can exercise this power at any time before the pronouncement of the judgnent provided there is some material before the Court either in the F. I. R. or in the challan to justify this action, but when there is no material before the trial Court to add any charge then the charge cannot be added. The intention of the leg'slature in enacting SECTION 216 Cr P. C. is that the Court can make addition of any charge framed by it at any stage of trial if it is supported by the evidence produced by the prosecution. The requirement of law is that all the efforts should be made to frame a charge in the beginning of the trial itself. Merely because the power under SECTION 216 Cr. P. C. is there with the Court to add the charge, the charge at the commencement of the trial should not be left incomplete.