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Manattillath Krishnan Thangal And Ors. vs The State Of Kerala, Represented By The ... on 9 April, 1970

It has been held in AIR 1961 Kerala 331 titled as Thangal V. State of Kerala, that "A review of these authorities in, our opinion clearly establishes that where the case is covered by Ss. 236 and 237 of the Code of Criminal Procedure and the accused has notice of all the facts which go to make up the charge of abetment he can be convicted of the charge of abetment even though the charge framed against him was only for the substantive offence. The prosecution evidence SC No. 133/06 52 in this case and the findings of the court was only that he instigated the 2nd accused to escape arid therefore the courts below could have rightly framed a charge of abetment. In such a case the accused can certainly be convicted of the offence of abetment to escape, although there has been no charge in respect of it. We therefore confirm the conviction but alter the conviction to one under S. 225­B read with S. 109 IPC."
Kerala High Court Cites 83 - Cited by 8 - Full Document
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