Back
SANJEEV PRAKASH SHARMA
Maya Devi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. Learned counsel for the petitioners submits that the charge-sheet has been filed under Section 306, 320 & 34 IPC.
2. Learned counsel appearing for the complainant points out that the FIR was registered under Section 302 IPC and after the post-mortem report, there is no opinion that the deceased died by drowning. The post-mortem report also does not reflect that the person would have died on account of drowning.
3. It is further submitted that the Investigating Officer has wrongfully and without giving any reasons converted the case from Section 302 IPC to 306 IPC with a view to help the accused in spite of the fact that bloodstain clothes were found near the well and when the body was recovered there was blood oozing?out of the ears. Thus, it is a clear case of murder and not that of suicide.
4. Learned Public Prosecutor also submits that if a case has been registered under Section 302 IPC and the Investigating Officer finds that after investigation the case is to be registered under the other sections then he must take an opinion from the Director (Prosecution) or any of his subordinate.
5. I have considered the submissions. Although, this is a bail application and in norma
The necessity for adherence to proper investigative procedures and the requirement for justification when altering criminal charges to ensure the integrity of the judicial process.
Court allows for alteration of charges during trial to ensure substantial justice under IPC.
For framing a charge under Section 306 IPC, there must be clear evidence linking an accused’s actions to the suicide; assumptions of harassment without evidence are insufficient.
The trial Court must independently evaluate the material on record to form an opinion for framing charges and should not act as a mouthpiece of the prosecution.
The prosecution must prove its case beyond all reasonable doubt in criminal cases, and the lack of cogent and convincing evidence can lead to the acquittal of the accused.
Abetment of suicide – In order to make out an offence under Section 306 IPC, specific abetment as contemplated by Section 107 IPC on part of accused with intention to bring about suicide of person co....
The judgment establishes the principle that a fair and just investigation is essential for a fair trial, and the defective investigation cannot be a ground for discharge. It emphasizes the obligation....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
