Penal Code, 1860 — Section 302 r/w Section 304-B — Addition of Section 302 to charge under Section 304-B

August 26th, 2013

Penal Code, 1860 — Section 302 r/w Section 304-B — Addition of Section 302 to charge under Section 304-B — Basis of the direction issued in Rajbir’s case, Without adverting to the evidence, Sustainability of — Charges framed against the appellants under Sections 498A, 304B r/w Section 34 IPC in connection with FIR regarding demise in unnatural circumstances of wife of appellant — Challenge to order passed by trial Court and affirmed by High Court, whereby direction of addition of the charge under Section 302 IPC entirely in obedience to the direction issued by this Court in Rajbir’s case — Held, ingredients constituting the two offences are different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients — Trial Court in that view of the matter acted mechanically for it framed an additional charge under Section 302 IPC without adverting to the evidence adduced in the case and simply on the basis of the direction issued in Rajbir’s case — High Court no doubt made a half hearted attempt to justify the framing of the charge independent of the directions in Rajbir’s case — Order passed by the High Court and trial Court framing the charge under Section 302 IPC is set aside and remit the matter back to the trial Court for a fresh order — Criminal Procedure Code, 1973 — Section 216 — Addition of charge.

Hasanbhai Valibhai Qureshi v. State of Gujarat and Ors., (2004) 5 SCC 347, Ishwarchand Amichand Govadia and Ors. v. State of Maharashtra and Anr., (2006) 10 SCC 322, Rajendra Singh Sethia v. State and Ors., 1989 Cri.L.J. 255, Shiv Nandan and Ors. v. State of U.P., 2005 Cri. L.J 3047, Relied on.

(Para 13 & 14)

Jasvinder Saini v. State (Govt. of NCT of Delhi)[Bench Strength 2], Criminal Appeal No. 819/2013 (Arising out of S.L.P (Crl.) No. 8738/2011)(02/07/2013), 2013(8) SCALE 377 [T.S. Thakur, J.: Ranjana Prakash Desai, J.]

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