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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RAJEENDRANATH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. charges were altered based on evidence presented. (Para 1 , 2 , 3) |
| 2. court's power to alter charges based on law interpretation. (Para 4 , 11 , 12 , 14 , 16) |
| 3. arguments regarding evidence and charge plausibility. (Para 5 , 6) |
| 4. principles surrounding alteration of charges established. (Para 9 , 13 , 15) |
| 5. final ruling on the merit of the crl. m.c. (Para 17) |
O R D E R
The petitioner is the 8th accused in S.C.No.31/2013 on the file of the Additional Sessions Court-III, Thalassery (for brevity hereinafter referred to as ‘Trial Court’), which has originated from Crime No.43/2009 registered by the Panoor Police Station, alleging the commission of offences punishable under Sections 143 , 147, 118, 109, 148, 341 and 302 read with Sections 149 and 120B of the Indian Penal Code (‘ IPC ’) and Section 27 (1)(a) of the Arms Act .
2. The gravamen of the prosecution's case is that:
On 12.3.2009 at around 18.50 hours, the accused persons, in prosecution of their common intention, had hatched a conspiracy and, after forming into an unlawful assembly, committed rioting and the murder of a person named 'Vinayan'. The 8th accused (petitioner) had concealed the commission of the offe
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