The bench of Justice Manju Rani Chauhan was dealing with the petition challenging the order passed by
the Additional District and Sessions Judge, arising out of a Case registered
under Sections 307, 452, 504, 506 I.P.C., by which the Court concerned altered
the charge u/s 307 I.P.C. against the applicant.
In this case,
the informant along with his cousin Amit purchased land from Sudhir Tiwari. A
civil suit with respect to the same land is pending in the Court of Civil
Judge, Deoband.
The family members
of Sudhir Tiwari were annoyed by the purchase of land by the informant and his
cousin, therefore, they were inimical to the informant and his family
members.
When the informant was returning from Rohana Sugar
Mill to his residence on his tractor, a motorcycle overtook the informant’s
tractor near the railway crossing and fired upon him with intention to kill
him. The informant saved his life by jumping from the tractor.
An FIR was lodged by opposite party no.2 against
three accused persons including the applicant, under Sections 307, 504, 506 I.P.C.
The bench referred
to the case of Harihar
Chakravarty v. State of West Bengal, where the Apex Court
held that the direction to alter the charge so as to include an offence for
which the appellant was not originally charged, could only be done if the trial
Court itself had taken action under Section 227 Cr.P.C. before it pronounced
judgement. It could only have done so if there were materials before it either
in the complaint or in the evidence to justify such action.
High Court stated that the concerned Court has the
power to alter or modify any charge prior to the pronouncement of the
judgement, in case, there is material before it. Irrespective of the fact as to
whether it is the material as collected by the Investigating Officer, which has
been placed before the trial Court after submission of the charge sheet or when
the Court concerned is proceeded with the trial, thus collecting evidence at
the time of trial.
The bench
opined that the powers under Section 216 Cr.P.C. regarding alteration or addition
of charge is for an offence made out by the evidence recorded during course of
trial before the Court, which does not necessarily mean that the alteration can
be done only in case where evidence is adduced. Section 216 Cr.P.C., as is
evincible does not lay down that the Court cannot alter the charge solely
because it has framed the charge.