Criminal Procedure Code, 1973, Section 228, 464(2) -- Omission to frame charge u/s 302 IPC - Order of remand - Trial Court framed charge u/ss 498-A, 304-B, 201, 34 IPC - Deceased died due to Aluminum Phosphide poisoning - Said poison was found in blood and stomach of deceased - Trial Court acquitted accused u/s 304-B IPC on the ground that doctor PW12 deposed that Aluminum..........
Criminal Procedure Code, 1973, Section 464 -- Non-framing of charge - Remand of case - Permissibility - Contention of respondents that charges ought to have been framed against appellants u/s 304(Part II) IPC - Held, no, framing or wrong framing of charge does not vitiate proceeding unless there is failure of justice - Failure of justice has to been seen not only from..........
Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - Framing of charge - Defect therein - Effect thereof - Charge on record shows that all nine accused charged u/ss 147, 452, 323, 302 of IPC - S.149 of IPC not mentioned with S.302 of IPC while framing charge - Appellants convicted u/s 149 - Proprietary of -..........
Indian Medical Council Act, 1956, Section 15(3), Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 304A -- Medical negligence - Accused practicing allopathic system of medicine though possessed licence issued by Bihar State Ayurvedic and Yunani Medicine Council - Death of a person to whom accused gave injections and tablets - Samples of..........
Criminal Procedure Code, 1973, Section 464 -- Error or omission in framing charge - Held, that any error or omission in the charge including any misjoinder of charges shall not result in invalidating the conviction or order of competent Court unless appellate Court comes to a conclusion that failure of justice has been occasioned thereby - Appeal dismissed - Order of High..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 222(2), 464 -- Dowry death - Charge u/s 302 and conviction u/s 306 IPC - Accused can be convicted for an offence for which no charge was framed if Court is of opinion that no failure of justice would in fact occasion - Failure of justice would not occasion if main facts sought to be established..........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Conviction for offence other than charged - Accused charged with section 302, however convicted under section 306 - Conviction upheld - Court can convict an accused for an offence for which no charge was framed unless court is of the opinion that a failure of justice would..........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Charge - Conviction under section 306 when accused was charged for offence u/s 302 - Wife setting herself and her two daughters on fire - Allegation of demand of dowry proved - Reason for suicide due to harassment on account of demand of dowry proved - Accused getting ample..........
