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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Kailash Katyal – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of the case and charges. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by petitioner and state. (Para 5 , 6) |
| 3. court's observations on prima facie case and mens rea. (Para 8 , 10 , 11 , 12 , 13 , 14) |
| 4. conclusion regarding charges and framing of charge. (Para 18) |
| 5. final conclusion and dismissal of the petition. (Para 19 , 20 , 21) |
JUDGMENT :
SWARANA KANTA SHARMA, J.
1. By way of the present petition, the petitioner is seeking setting aside of the order dated 27.09.2024 [hereafter "impugned order‟], passed by the learned Additional Sessions Judge-08, Tis Hazari Court (West), Delhi [hereafter "Sessions Court‟] vide which charges were framed for offence under Sections 308/353/332 of the Indian Penal Code, 1860 [hereafter "IPC‟] against the petitioner herein.
2. Briefly stated, the facts of the present case are that on 21.06.2017, an FIR bearing no. 217/2017 came to be registered at Police Station Moti Nagar, Delhi, alleging that a car bearing no. DLICS1129, driven by the accused had been found overspeeding near Zakhira Pul, Rohtak Road at 8:20 AM, and had caused injuries to Constable Parikshit (victim), who was then on traffic duty along with ASI Bhagat
The court held that a prima facie case for culpable homicide exists if the accused demonstrates knowledge that their actions could likely cause death, regardless of the actual injury's severity.
The trial Court may alter charges based on the evidence, determining appropriate charges during the course of proceedings.
A higher charge may be framed based on evidence, with courts retaining the authority to alter charges as needed during trial proceedings.
Framing charges under Section 307 IPC requires clear evidence of intent or knowledge to kill, which was lacking, thereby limiting the charges to less serious offences.
For framing charges under Section 307 IPC, intention and knowledge are crucial, and a prima facie case must be established based on the injuries and circumstances surrounding the incident.
The central legal point established in the judgment is the requirement of intention or knowledge to commit culpable homicide not amounting to murder in cases involving Section 308 IPC.
Point of law: Criminal Law - Culpable homicide – Framing of charges - act done by the accused with intention or knowledge that under such circumstances death could have been caused or not - Whether ....
Criminal Law – Offence of Attempt to commit culpable Homicide - Revision petition – Whether accused had intention or knowledge that injuries inflicted on the victim would cause death and as a result ....
Intent or knowledge of the accused is essential for framing charges under Section 308 IPC, irrespective of the injury's severity.
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