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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Dharani Kr Das, S/O Dhiren Chandra Das – Appellant
Versus
State Of Assam Rep. By The Pp – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3) |
| 2. importance of evidence in charges. (Para 4 , 10 , 11) |
| 3. petitioner's arguments on trial process. (Para 6 , 7) |
| 4. legal standards for framing charges. (Para 8 , 9 , 12 , 13) |
| 5. conclusion on the merit of petition. (Para 14 , 16 , 17) |
JUDGEMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. P.P. Borthakur, learned for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P. for the State and Mr. D.J. Boro, learned counsel for the respondent No.2.
2. This is an application under Section 482 read with 401 of the Code of Criminal Procedure, 1972 (as amended up to date) for setting aside the order dated 11.01.2023 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 156/2022, whereby the said Court was pleased to dispose of the case at the stage of framing of charge by discharging the accused of the offence u/s 302 IPC in Sessions Case No. 156/2022.
3. The facts leading to the present petition may be briefly stated:-
A case was registered on filing of an FIR by one Sri Dharani Kr. Das on 06/03/2021 before the Officer in Charge of Jorhat Police Station, inter alla, stating that on 05/03/2021, at about 10:45 PM, accused Bik
Discharge of an accused is justified if there is insufficient evidence to link them to the alleged crime; mere suspicion cannot support a charge under IPC.
The court emphasized that at the discharge stage, it must determine if a prima facie case exists based on the prosecution's evidence without assessing its merits.
(1) Framing of charge – In a criminal trial, prosecution can lead evidence only in accordance with charge framed by trial court – Where a higher charge is not framed for which there is evidence, accu....
The Trial Court must wait for all relevant reports and evidence before discharging an accused, and the judgment should be based on whether the prosecution has proved its case beyond reasonable doubt.
The trial court must not conduct a mini-trial when framing charges; it should only assess if a prima facie case exists for the alleged offence.
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
Reliability of statements of PWs - To pronounce a verdict on reliability of statements of PWs, who have clearly in their statements linked petitioner with commission of alleged crime.
Murder - Reliability of witnesses - A verdict on reliability of statements of Petitioners witnesses who have clearly in their statements linked petitioner with commission of alleged crime.
The court established that charges must be based on sufficient evidence and cannot be framed on mere assumptions or retracted statements, emphasizing the need for a prima facie case.
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