Law:

Section:

  Criminal trial-Spelling out entirely new case wholly inconsistent with story related by main prosecution witness-Not permissible.   Criminal Procedure Code (V of 1898), Ss. 236, 237, 238 & 423-Interpretation-Ss. 237 & 238, exceptions to general rule that accused cannot be convicted of offence of which he has not been charged-Person can be convicted of offence disclosed by evidence although he had not been charged of that offence-S. 237 applies to wide range of offences, wholly unrelated to each other, while S. 238 attracted only in cases where minor offences of which accused is subsequently convicted are cognate to major offence of which accused was originally charged-Ss. 237 & 238 subject, however, to overriding condition that accused must have had notice of charges he is called upon to meet.   Criminal Procedure Code (V of 1898), Ss. 423, 236, 237 & 2.18-Appellate Court acting under S. 423 (b) has all powers exercisable by trial Court and by virtue of Ss. 236, 237 & 238 read with S. 423 can convict accused of offence of which he was not charged in trial Court-Person charged and convicted of offence under S. 302, P. P. C.-Conviction, on appeal, altered to one under S. 304-A, P. P. C.-Appellate Court competent not only to alter conviction of accused for offence not charged but may convict even for graver offence-Penal Code (XLV of 1860), Ss. 302 & 304-A [P L D 1959 Lah. 76) not approved.]   Ahmad Din v. The State P L D 1959 Lah. 760 not approved.   Swab Gul v. The State P L D 1959 Lah. 655 ;   Rmperor v. Ramaya Cannappa A I R 1915 Bona.297 ; King-Emperor v. Charles John Walker A I R 1924 Bom. 450 ; Amir Bakhsh v. The State P L D 1960 Lah. 15 ; Begu and others v. King Emperor A I R 1925 P C 130 ; Vali Ahmmal and others A I R 1947 Mad. 114 ; Bhikha Gobar v. Emperor A I R 1943 Bom. 458 ; Emperor v. Ismail Khadirsab A I R 1928 Born. 130 ; Faizullah v. King Emperor A I R 1925 Sind 105 ; Mannar Krishnan Chetty and others A I R 1917 Mad. 687 and Ramaswami Nadar v. The State of Madras P L D 1958 S C (Ind.) 247 ref.   Criminal Procedure Code (V of 1898), Ss. 423 & 439 Powers conferred on appellate Court…