In Brief
R. Rachaiah and two other appellants were convicted of murder (Section 302 IPC) and kidnapping (Section 364 IPC) in connection with the death of Dr. Shivakumar. However, they were originally charged with abetting suicide (Section 306 IPC). After 26 witnesses had been examined on the original charge, the trial court framed an alternative charge under Section 302 IPC without adjourning the trial or allowing the accused to cross-examine witnesses on the new charge. The Supreme Court held that Sections 216 and 217 of the CrPC are mandatory. Altering the charge mid-trial without proper procedure violates the accused's right to a fair trial and cross-examination. The Court set aside the murder conviction and, considering the appellants had served over eight years, reduced the sentence to time already undergone and ordered their release.", <parameter name="cited_cases">[{"raw_citation": "(1997)5 SCC 348", "case_name": "Sangaraboina Sreenu v. State of A.P.", "cited_year": "1997", "paragraph": "15", "treatment": "referred"}]
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