The absence of a charge against an accused person for a particular offense precludes the court from convicting the accused of that offense, even if there is evidence to support the conviction.

The appellant is the accused and the respondent is the complainant. The appellant has preferred this appeal as against the Judgment of conviction and sentence passed by the learned Ist Additional Sessions Judge at Madurai in Sessions Case No. 155 of 1989 on 1989

2. The prosecution case, as briefly stated, is as follows :-

The deceased Santhi is the wife of the Appellant/Accused by name Thangapandian. They were married seven years prior to the occurrence which took place on 23-5-1988. They were living at Melur and they had children. The deceased Santhi also underwent birth control operation. The Appellant/Accused was a dealer in aluminium vessels at Melur. The aunt of Santhi by name Easwari was also staying with them and she was helping Santhi in her domestic matters. On 23-5-1988 at about 9 a.m. the neighbours of the accused viz., PW 4, Mariammal, PW 5 Chellammal and PW 6 Panchavarnam found the deceased Santhi hanging inside her house and with the help of others, who gathered there, the deceased Santhi was taken to the hospital, and she was brought back to her house as she was found dead at the hospital. Her parents PW 1 Sudalaimuthu and PW 3 Kunjammal were living in another village at Parthibanur and they were sent for and after their arrival at Melur, the father of the deceased Santhi examined as PW 1 Sudalaimuthu went to Melur Police Station and gave the complaint under Ex. P. 2 on 23-5-1988 at 5.30 p.m. The Head constable there examined as PW 7 Ramanathan received the same and registered a case under Section 174 of Criminal Procedure Code in Crime No. 271 of 1988 and he had sent a copy of the printed F.I.R. to the Revenue Divisional Officer under Ex. P. 5 and another copy of the Deputy Superintendent of Police. The Revenue Divisional Officer at Madurai examined as PW 8 Subramanian received Ex. P. 5 at 10.15 p.m. on 23-5-1988, and on 24-5-1988 he proceeded to the Government hospital at Melur and conducted the inquest from 12 noon to 2 p.m. and prepared his report under Ex. P. 6. Thereafter, the Revenue Divisional Officer PW 8 Subramanian gave the requisition to the doctor examined as PW 2 Muthusamy under Ex. P3 to conduct the post mortem. On receipt of the same, the constable of Melur Police Station examined as PW 10 Rajendran took charge of the dead body of Santhi in the Government hospital at Melur, and he was present at the time of post mortem. After the post mortem, the constable PW 10 Rajendran took the clothes of the deceased marked as M.Os. 1 to 5 and brought them and handed over in the police Station. During his inquest, the Revenue Divisional Officer PW 8 Subramanian examined the witnesses PWs 1 and 3 to 6. On receipt of the requisition from the Revenue Divisional Officer, the doctor in the Government hospital at Melur examined as PW 2 Muthusami commenced the post mortem from 4.15 p.m. onwards on 24-5-1988, and issued the post mortem certificate under Ex. P. 4. The following injuries were noted down by the post mortem doctor at the time of post mortem on the dead body of Santhi

"External Injury : A complete circular broad ligature mark well defined placed at the middle part of the neck at the level of thyroid cartilage. The base of the ligature mark decomposed. Face congested and oedemotous. White froth discharged through mouth and nose

Internal Examination : Heart normal and healthy. Lungs : On cut section red Haemorrhagic spots both side lungs congested. Fracture of thyroid cartilage on both sides. Hyoid bone intact. Liver and spleen healthy and congested. Stomach contained about 100 ml. of digested fluid without any odour. Kidney normal and congested. Bladder - empty

Brain : Normal and healthy. Uterus : Normal in size and healthy" *

Since the post-mortem doctor examined as P.W. 2 Muthusami was of the opinion that the deceased Santhi died of asphyxia due to the strangulation of the neck, the provision of law in the F.I.R. was altered into one under Section 302 of I.P.C. by the Inspector of Police of Melur