Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge - Order of remand - Trial Court framed charge against accused u/ss 302, 390, 392, 457, 120-B, 34 IPC - No charge framed u/s 397 IPC - High Court remitted the matter to trial Court for framing charge u/s 397 IPC - Deduction of High Court that omission to frame charge u/s 397 IPC has resulted in..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Charge sheet filed on the sole basis of routine quarrel between husband and wife, which cannot be said to be justified - No whisper in dying declaration of deceased that she was ever treated with cruelty to the extent that she was having..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Charge against a person can only be framed if there exists a strong suspicion but nothing less than that - Mere suspicion without any basis cannot be the reason for framing of charge against a person and putting him to trial...........
Indian Penal Code, 1860, Section 397 -- Robbery - Order taking cognizance - Prima facie proof of use of revolver at the time of alleged incident and robbery by accused persons, on record - Impugned order of taking cognizance passed after considering facts, circumstances and evidence collected during investigation - Moreover, charge cannot be framed unless accused is..........
Indian Penal Code, 1860, Section 302 -- Murder - Admission of guilt by accused at the stage of framing of charge - Court ought not to convict accused only on the basis of statement of accused at the stage of framing of charge - Conviction & sentence set aside - Matter remanded back to trial Court for decision afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Extra-judicial confession of co-accused - Quashing of charge - Charges cannot be quashed merely because it has framed on the basis of extra-judicial confession of co-accused - At the stage of framing charges, Court need not to hold that evidence is of such nature which would be sufficient to lead conviction,..........
Service -- Misconduct - Removal from service - No documents were supplied to respondent along with charge-sheet on the basis of which charges were framed - List of documents and witnesses were also not supplied and some of the documents were produced during course of inquiry - Appropriate opportunity not afforded to respondent - Order of punishment cannot be sustained -..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution proved charge of murder against the accused on basis of incriminating circumstances but failed to prove the motive - Conviction upheld...........
Indian Penal Code, 1860, Section 304B, 302, Criminal Procedure Code, 1973, Section 217 -- Framing of additional charge - Additional charge u/s 302 IPC cannot be framed mechanically in a case u/s 304-B IPC - In a case where charge alleging dowry death is framed, a charge u/s 302 IPC can be framed if evidence otherwise permits - Order framing charge mechanically set aside -..........
Indian Penal Code, 1860, Section 302, 364, 346, 193, 218, 120B -- Framing of charge - Deceased was a hardened criminal and 20 cases were pending against him thereafter one FIR was also registered against him in which he was also absconding - Deceased was killed by police officials belonging to Special Operation Group (SOG) - Petitioner has not been charge sheeted for..........
