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SAURABH SHYAM SHAMSHERY
Ram Sunder Shukla – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. The applicants have approached this Court, by way of filing application under Section 482 Cr.P.C. (1685 of 2020) arising out of Case Crime No. 554 of 2017 (S.T. No. 628 of 2018), State v. Ram Sunder Shukla and Others, under Sections 307, 323, 325, 308 and 506 IPC, Police Station- Handia, District- Prayagraj, pending in the Court of the Additional Sessions Judge, Room No. 9, Allahabad, as they are aggrieved by impugned order dated 25.03.2019 whereby their discharge application was rejected. The other petition is arising out of a challenge to framing of charges.
2. From the records, it is evident that an FIR was lodged against applicants that they have committed offences under Sections 323, 324, 506 and 307 IPC. For reference, the contents of FIR is reproduced hereinafter:
3. During investigation, injured persons were medically examined and their injury report was taken on record. Statements of injured witnesses and other witnesses were also recorded and a charge-sheet was filed on 07.07.2017 against all the applicants for offences under Section 323, 325, 307, 308 and 506 I.P.C. The learned Trial Court took cognizance and summoned the applicants.
The court established that the distinction between Sections 307 and 308 IPC is crucial in determining the nature of charges, and that a prima facie case must be established for charges to be framed, ....
Discharge of accused – Stage of discharge under Section 227 Cr.P.C. is a stage prior to framing of charge (under Section 228 Cr.P.C.) and it is at that stage alone that court can consider application....
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.
For framing charges under Section 307 IPC, intention and knowledge are crucial, and a prima facie case must be established based on the injuries and circumstances surrounding the incident.
Court's authority to frame and alter charges depends on the presence of prima facie evidence, distinguishing between murder and dowry death charges under relevant legal provisions.
For charges under IPC Section 307, mere injuries perceived as simple do not absolve the accused; intent demonstrated through acts suffices, even without grievous harm.
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