Case Note & Summary
The petitioners, accused Nos. 1 to 3 in Sessions Case No. 130/2015, were charge-sheeted for offences punishable under Sections 498-A, 304-B read with Section 34 of the Indian Penal Code (IPC) and Section 4 of the Dowry Prohibition Act, 1961, in connection with the dowry death of the deceased. The Sessions Judge framed charges for these offences on 04.07.2016. During the trial, the Public Prosecutor filed an application under Section 216 of the Code of Criminal Procedure, 1973 (CrPC) seeking to amend the charge by including a charge of murder punishable under Section 302 IPC. The III-Additional Sessions Judge, Vijayapur, allowed the application by order dated 31.10.2019. Aggrieved, the petitioners filed a petition under Section 482 CrPC before the High Court of Karnataka, Kalaburagi Bench, to set aside that order. The High Court heard the counsel for the petitioners and the High Court Government Pleader for the State. The court examined the charge-sheet and the evidence on record and found that there was no material to support the addition of a murder charge. The prosecution had not cited any witnesses or evidence to show that the accused caused the death with the intention of causing death or with the knowledge that their act would cause death, which is essential for a charge under Section 302 IPC. The court held that the trial court's order allowing the amendment was without jurisdiction and amounted to an abuse of process of law. Consequently, the High Court allowed the petition, set aside the impugned order dated 31.10.2019, and directed the trial court to proceed with the trial in accordance with law.
Headnote
A) Criminal Procedure Code - Amendment of Charge - Section 216 CrPC - Addition of Murder Charge - The court held that an application under Section 216 CrPC to alter or add a charge can only be allowed if there is material on record to support the new charge. In this case, the charge-sheet and evidence did not disclose any material to add a charge under Section 302 IPC, and the trial court's order was set aside. (Paras 4-6) B) Dowry Death - Murder - Section 304-B IPC vs. Section 302 IPC - The court noted that the prosecution had not cited any witnesses or evidence to show that the accused caused the death of the deceased with the intention of causing death or with the knowledge that their act would cause death, which is essential for a murder charge. (Para 5) C) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - The High Court exercised its inherent powers to quash the order allowing amendment of charge, as the trial court's order was without jurisdiction and amounted to an abuse of process of law. (Para 6)
Issue of Consideration
Whether the Sessions Court was justified in allowing an application under Section 216 CrPC to add a charge of murder (Section 302 IPC) when the charge-sheet and evidence did not disclose any material to support such a charge.
Final Decision
The High Court allowed the petition, set aside the order dated 31.10.2019 passed by III-Additional Sessions Judge, Vijayapur, in S.C.No.130/2015, and directed the trial court to proceed with the trial in accordance with law.
Law Points
- Section 216 CrPC
- amendment of charge
- dowry death
- murder
- Section 304-B IPC
- Section 498-A IPC
- Section 4 Dowry Prohibition Act
- 1961
- inherent powers under Section 482 CrPC
