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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Ishwar Thakur – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. The instant criminal revision petition filed under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, lays challenge to order dated 07.01.2025 passed by the learned Special Judge, Solan, District Solan, H.P. in Case No. 5-S/7 of 2019, titled as State of H.P. vs. Ishwar Thakur & Ors., whereby the afore Court while rejecting the prayer made on behalf of the petitioners (hereinafter, “accused”) for their discharge, proceeded to frame charges against them for the offences punishable under Sections 307, 341 of the IPC and Section 3(1) (s), 2(va) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter ‘Act’).
2. Precisely the grouse of the petitioners, as has been highlighted in the petition and further canvassed by Shri Sudhir Thakur, learned Senior Advocate representing the accused is that the Court below while framing charge under Section 307 of the IPC and Section 3(1)(s), 2(va) of the Act has fallen in grave error, for the reason that no cogent and convincing evidence ever came to be adduced on record by the prosecution suggestive of the fact that the alleged injuries inflicted by the petitioners on t
No prima facie case for framing charges under IPC 307 absent life-endangering intention on non-vital injuries; SC/ST Act inapplicable sans public-heard caste slurs, corroboration, amid rivalry and FI....
Allegations under the SC/ST Act require intentional insult or intimidation in public view; dismissal of revision upholds trial due to sufficient prima facie evidence.
The court established that specific allegations under the SC/ST Act must be evident in initial complaints for charges to be actionable, and mere improvements in subsequent statements cannot justify f....
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
The court modified the conviction of the accused from attempted murder to causing grievous hurt, emphasizing the need for direct evidence in serious charges.
The intention or knowledge of an accused under Section 308 IPC has to be ascertained only prima facie at the stage of charge, based on the injury caused to the victim.
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.
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