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HIGH COURT OF ALLAHABAD
K.N.SINHA
Ghan Shyam alias Subhash
Versus
State of Uttar Pradesh
Crl.R. 2204 of 1985
Decided On : 15 September 2003
Crl. R. 2204 Of 1985
Revision - Additional Charge under Section 306 IPC - The court set aside the charge under Section 306 IPC as it cannot be said to be a minor offence in relation to an offence under Section 302 IPC. Both the charges are of distinct and different categories, and the basic constituent of an offence under Section 302 IPC is homicidal death, whereas under Section 306 IPC it is suicidal death and abetment thereof. The trial court was directed to examine the evidence collected during the investigation and amend or alter the charge based on the evidence, ensuring specificity.
Fact of the Case:
The revision was filed against the order framing the additional charge under Section 306 IPC in a murder case. The court found that both the charges of murder under Section 302 IPC and abetment of suicide under Section 306 IPC cannot go together, and the trial court should have examined the evidence before framing the charge.
Finding of the Court:
The court set aside the charge under Section 306 IPC and directed the trial court to examine the evidence collected during the investigation and amend or alter the charge based on the evidence, ensuring specificity. The trial was also directed to proceed expeditiously due to its age.
Issues: The main issue was the framing of the additional charge under Section 306 IPC in relation to the charge under Section 302 IPC, and whether both charges can go together.
Ratio Decidendi: The court held that the offence under Section 306 IPC cannot be said to be a minor offence in relation to an offence under Section 302 IPC, as both are of distinct and different categories. It emphasized the need for the trial court to examine the evidence before framing the charge.
Final Decision: The revision was allowed, and the order charging the revisionist under Section 306 IPC was set aside. The trial court was directed to examine the evidence collected during the investigation and amend or alter the charge based on the evidence, ensuring specificity, and to proceed expeditiously.
( 2 ) THE brief facts giving rise to the present revision are that revisionist and others were charge sheeted for the murder of Smt. Meera wife of accused Murari Lai. The Sessions court framed charge under Section 302 IPC on 30-11-1984. However, later on the charge under Section 306 I. P. C. was also framed on 15/10/1985. It appears that both the charges stand together hence the learned counsel for the revisionist has submitted that it can either be a murder or the suicide. There is absolutely no evidence that deceased Smt. Meera was ever tortured.
( 3 ) I have perused the charges framed. It is also not clear as to why and under what circumstances the additional charge under section 306 I. P. C. was also framed.
( 4 ) THE offence under Section 306 IPC cannot be said to be a minor offence in relation to an offence under Section 302 IPC within the meaning of Section 222 Cr. P. C. Both the offences are of distinct and different categories. The basic constituent of an offence under Section 302 IPC is homicidal death whereas under Section 306 IPC it is suicidal. death and abetment thereof. Thus, both the charges cannot go together, either the deceased had committed suicide or she was murdered. It was for the trial Court to have examined the evidence collected during the investigation then framed the charge.
( 5 ) IN the result the revision is allowed and the order dated 15-10-1985 charging the revisionist under Section 306 IPC is set aside.
( 6 ) IT is hereby directed that the trial Court shall examine whole of the evidence collected by the Investigating Officer during the investigation and on that basis it may amend or alter the charge but the charge should be specific.
( 7 ) THE trial has become sufficiently old hence it is hereby directed that the concerned Court shall proceed to decide the matter expeditiously. Revision allowed.
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