Back
FARJAND ALI
Puran – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The instant revision petition has been filed by the petitioners under Section 397 r/w Section 401 Cr.P.C. against the order dated 07.07.2022 passed by the learned Additional District and Session Judge No.1, Bandikui, District Dausa in Sessions Case No.14/2022 whereby an order framing charge has been passed against the petitioners under Sections 147, 323, 323 r/w 149, 341, 341 r/w 149, 504, 304, 304/149 in alternative 302 r/w 302/149 of the IPC.
2. Learned counsel for the petitioners submits that the complainant and the petitioners are relatives and the FIR came to be lodged over a sudden scuffle which ensued over raising a boundary over an agricultural field. The mother of the complainant died during the scuffle that arose between the parties and an FIR was lodged against the petitioners under Sections 143, 323, 341 and 302 IPC. The investigating agency filed the charge sheet against the petitioners under sections 143, 323, 341, 304 and 504 while dropping charges under Section 302 IPC. Thereafter, the learned trial court framed charges against the petitioners for offences under Sections 147, 323, 323/149, 341, 341/149, 504, 304, 304/149 in alternative 302 and 302/149 of IPC.
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
At the stage of framing charges, the truth, veracity, and the effect of the evidence are not to be meticulously examined, and strong suspicion is enough to frame a charge. The court is required to ev....
At the stage of framing the charge, the court should only consider whether there are sufficient grounds for proceeding against the accused based on the material on record, and should not weigh the ev....
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
The trial court must provide minimum reasons for framing charges, and framing of charges is an important part of the trial that cannot be done casually.
At the charge-framing stage, only prima facie evidence is required, and strong suspicion is sufficient to proceed against the accused.
The trial court must provide a reasoned basis for framing charges, ensuring thorough consideration of all relevant evidence.
At the charge-framing stage, only a prima facie case is required, and the court must determine if there is strong suspicion of guilt without delving into the merits of the evidence.
At the stage of framing charges, only a strong suspicion of the accused committing an offense is required, and the final test of guilt is not applied at this stage.
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
