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1993 Supreme(Ker) 231

K.T.THOMAS
Pradeepan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

While a sessions trial against fourteen accused was in progress and reached almost its fag end, the Sessions Judge altered the charge as he felt that the original charge contained "serious errors". One of the accused rushed to this court and sought for the intervention of this Court under S.482 of the Code of Criminal Procedure (for short the Code') on the ground, inter alia, that such alteration "has caused serious prejudice to the accused." Petitioner prays that Sessions Judge may be directed to proceed with the original charge.

2. Some facts, which are necessary for the disposal of this Crl.M.C, are the following: petitioner and 13 others were committed to the Sessions Court in a case involving murder of one Viswanathan. The Sessions Judge before whom the case came up first framed a charge which is an assortment of 14 counts. The charge related to a series of incidents alleged to have happened around noon on 3-8-1989 which ended up with the murder of one Viswanathan an R. S.S. votary. In the original charge, time of the occurrence was shown as 12.30 p.m. and place of occurrence was shown Keecherikunnu and the common object of the assembly was to attack and cause injur







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