1. The petitioner herein is an accused in S.C. No. 91 of 2008, on. the file of the District and Sessions Court, Sivagangai. Charges were framed against the petitioner for the alleged offences punishable under Sections 306, 498(A) and 304(B) IPC, thereby the Trial Court, in view of a circular dated 18.5.2011, issued by the Registry of this Court, in pursuant to a judgment passed by the Hon’ble Supreme Court in Rajbir @ Raju and Another v. State of Haryana AIR 2011 SC 568 : LNIND 2010 SC 1123 : (2011) 1 MLJ (Crl) 725 , has altered the charges by including the alleged offence punishable under Section 302 IPC. Challenging the said order, the present Criminal Original Petition has been filed.

2. The learned counsel for the petitioner submitted that a perusal of a copy of the complaint and charge sheet, which have been taken on record, would amply disclose the fact that the alleged offence punishable under Section 302 IPC has not been made out. The learned counsel further submitted that while exercising power under Section 216 of the Code of Criminal Procedure towards addition or alteration of the charges during trial, the Court will have to be satisfied with the materials avai