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ARAVIND KUMAR, AUGUSTINE GEORGE MASIH
State of Uttar Pradesh – Appellant
Versus
Ram Swaroop @ Barkat – Respondent
ORDER
1. State is questioning the correctness of the Judgment of the High Court of Judicature at Allahabad rendered in Criminal Appeal No.3739 of 2009 dated 04.03.2009, whereunder the appellant came to be acquitted who had been convicted by the Additional Sessions Judge, Fast Track Court No. - 1 in Sessions Trial No.209 of 2001 on 27.06.2006 for the offence punishable under Section 364 of IPC by reversing the said finding of the Trial Court.
2. The gravamen of the prosecution case is: appellant had come to the house of the complainant Shri Puran on 25.11.1998 and took Dinesh son of the complainant from his home on the pretext of watching a movie and he never returned. It was stated that his dead body was found the next morning with gun shot wounds and based on a written report lodged by the father of the deceased, an FIR came to be registered for the offence punishable under Section 302 of IPC against the appellant and three others. On the basis of chargesheet material and after accused pleaded not guilty the Sessions Judge framed the charge against the accused persons on 12.09.2003.
3. To drive home the guilt of the accused persons the prosecution examined its witnesses and learn
Minor offence – If two offences are cognate offences and main ingredients are common, offence punishable with lesser sentence can be considered as a minor offence with reference to other offence.
A conviction for an offence not specifically charged is only permissible if it constitutes a "minor offence" relative to the charged offence. Offences are considered minor only if they are cognate an....
An accused cannot be convicted under Section 364 IPC in the absence of specific charges and reliable evidence of abduction, as both criteria are essential for establishing the offence.
(1) Alteration of charge by Appellate Court – Elementary principles of natural justice require Appellate Court to put accused to notice of charge proposed to be altered or added when prejudice is lik....
Hurt – Merely because no fracture was found cannot take case out of Section 302 IPC when deceased died due to head injury. Merely because deceased died after six days could not have been ground to se....
Mere abduction is not enough for invoking section 366 IPC.
The court ruled that without evidence of force or deceitful means, the conviction under Section 364 IPC could not stand.
The court clarified that a conviction under Section 304B for dowry death does not substitute for a murder charge under Section 302, emphasizing the need for distinct evidence for each charge.
Unintentional homicide committed in a sudden quarrel without any premeditation is not murder.
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