Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 222, 225 -- Alteration/addition of charge - Petitioner was a life convict - Maximum punishment which could have been awarded would be 3 years for the act of fleeing away from custody of police personnel - Offence is triable by Magistrate - Petition for alteration of charge rejected on the ground..........
Criminal Procedure Code, 1973, Section 216 -- Deletion of charge - S.216 Cr.P.C does not provide for deletion of charge - Therefore, charge once framed cannot be deleted...........
Criminal Procedure Code, 1973, Section 216 -- Charge - Court cannot delete charge framed by it - However, Court can only alter to a charge or to add to a charge which is already framed...........
Criminal Procedure Code, 1973, Section 216 -- Deletion of charge - Court can alter charge or add to the charge already framed but cannot delete charge which is already framed by it...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.498-A, 306 IPC to S.302 IPC - Accused was not given opportunity to defend himself against altered charge for which he was convicted - No evidence against accused with regard to offence u/s 302 IPC - Conviction and sentence set aside - Accused acquitted u/s 302 IPC...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/Addition of charge - Application for alteration of charge can be moved at any stage before judgment is pronounced by Court...........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge u/s 458 IPC - Incident in question not occurred in the house of complainant as alleged by him, but in fact it took place outside his residence - Neither were complainants armed with lathis, sariyas or any other weapons, as alleged by them in FIR, nor it was found that during the investigation that articles in..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charge can be altered at any time even after the case is reserved for judgment...........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge u/s 7 of POCSO Act - Victim speaks of touching by accused at inappropriate places of her body - Charge u/s 7 of POCSO Act thus, rightly added...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 149, 148, 147, 109, 212, 216, 201, Arms Act, 1959, Section 25(IA), 25(IAAA), 25(1B)(a), 25(1B)(c), 27(3), 30 -- Bail - Murder - Accused is the main person who is behind the conspiracy and he is responsible for commission of murder of Mayor - He arranged the vehicles and masks etc. to..........
