Karnataka High Court: While passing the order in a criminal petition filed under Section 438 of CrPC praying to enlarge the petitioners on bail in the event of their arrest, a Single Judge Bench of Rathnakala, J. held that any erroneous edit in the charge-sheet would not come in the way of the trial court in framing proper charges.
The petitioners 1 and 2 were arraigned as co-accused for the offences punishable under Section 498 (A), 304 (B), 302 and 114 of IPC and Sections 3 and 4 of Dowry Prohibition Act. The case of the prosecution was that the first accused who was the son of the 1st petitioner and brother of the 2nd petitioner was married to the deceased. The accused tortured the deceased for demand of dowry and they incited the deceased to commit suicide. Consequent to the said abetment, the deceased set herself ablaze.
The Court perused the charge-sheet and observed that there was nothing in the charge-sheet to show that it was a case of suicidal death. As per the statement of witness, the accused persons fled away from the house carrying the charred body of the deceased in a bed sheet. There were clinching circumstantial evidence in support of the offence under Sections 302, 304 (B) of IPC. However in the charge-sheet the prosecution case was compiled as if it was a suicidal death.
The Court while holding that such erroneous edit in the charge-sheet could not come in the way of the trial court in framing proper charges, dismissed the petition. The trial court was directed to expedite the trial and take it to its logical end. [Duggamma v. State of Karnataka, Criminal Petition No. 5163/2017, decided on August 16, 2017]
