Indian Penal Code, 1860, Section 216, Indian Penal Code, 1860, Section 304B, 306, 498A -- Modification of charge - No evidence of demand of dowry - Accused not present at time of suicide by wife at parental house - Accused rightly discharged u/s 304-B IPC - Charges u/ss 306 and 498-A sustained...........
Criminal Procedure Code, 1973, Section 216, 217, 313 -- Alteration of charge - Statement of accused recorded u/s 313 of Criminal Procedure Code after conclusion of prosecution evidence - Thereafter charge altered or amended - Held, opportunity has to be given to both the parties to lead evidence in pursuant to altered/amended charge...........
Indian Penal Code, 1860, Section 363, 366, 216, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR lodged by father of prosecutrix u/ss 363, 366, 216, 120-B IPC on the allegation that accused and prosecutrix ran away from the house - Prosecutrix stated her age as 19 years - Accused and prosecutrix married each other and blessed with a child - FIR quashed -..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Magistrate allowed application seeking alteration of charge - Order did not indicate material showing involvement of accused in offences warranting alteration of charge - Order allowing application set aside...........
Criminal Procedure Code, 1973, Section 216 -- Framing of additional charge during trial - Application for framing additional charge dismissed by trial court - Held, order refusing to frame additional charge will not debar the trial court to frame an additional charge at a later stage of the proceedings, if the circumstances so warrant...........
Criminal Procedure Code, 1973, Section 211, 215, 216, 218, 221, 464 -- Non framing/Defects in framing charge - Not fatal if it did not cause prejudice to the accused...........
Criminal Procedure Code, 1973, Section 216 -- Additional charge - Framed u/ss 302/149 and 307/149 IPC - Considering evidence of two doctors Court framed the additional charge - In the opinion of Doctor, ante-mortem injuries were sufficient to cause death in normal circumstances - Accused can be convicted under the said provisions of law only when there is a charge..........
Criminal Procedure Code, 1973, Section 216, 217, Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Sale of adulterated turmeric powder - Trial proceeded on the allegations that accused No.2 was present in the shop when sample was collected - When the case was mature for pronouncement of judgment, charge amended to the effect that it was accused No.1 who was..........
Criminal Procedure Code, 1973, Section 216, 311 -- Summon, examine, recall or re-examine - Consequent to allowing application u/s 311 Cr.P.C. Court can exercise power u/s 216 Cr.P.C. to alter or add any charge framed against the accused...........
Criminal Procedure Code, 1973, Section 216 -- Charge - Alteration - Magistrate is duty bound to alter charge if charge framed is not specific or not in accordance with the report submitted by the police...........
