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RAJ BEER SINGH
Vijay Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Raj Beer Singh, J.
Heard Sri I.K. Chaturvedi, learned Senior Advocate, assisted by Sri Saurabh Chaturvedi, learned counsel for the appellant and learned A.G.A. for the State.
2. This criminal appeal has been preferred against the judgment and order dated 30.05.2023, passed by the learned Special Judge (MP/MLA)/Additional Sessions Judge, Court No.03, Farrukhabad in Criminal Case No.02 of 2019 (State v. Vijay Singh), P.S. Kotwari Fatehgarh, District Farrukhabad, whereby, the appellant has been convicted under Section 406 IPC and sentenced to three years R.I. with fine of Rs. 8,00,000/-. In default of payment of fine, the appellant has to undergo three months additional imprisonment.
3. According to prosecution version, the informant Rahul Tomar has lodged first information report of this case on 26.06.2024 under section 302 IPC by submitting tehrir exhibit Ka-1, alleging that on 26.06.2024 at 07.30 AM some unknown person has committed murder of his father Vijendra Singh Tomar, who was working as driver in police department. It was also alleged that two golden rings and a golden chain of his father were also robbed. It appears that during investigation, it was found that deceas
An accused charged under one section cannot be convicted under another without a proper charge being framed, as established by Sections 221 and 222 of the Criminal Procedure Code.
An accused charged under one section cannot be convicted under another without proper framing of charges unless no prejudice is shown.
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.
(1) Abetment of suicide – While considering question as to whether a person can be convicted under Section 306, IPC or whether a conviction thereunder could be sustained, one has to consider mens rea....
The court must evaluate the material and documents on record to determine if a prima facie case exists for the accused to stand trial, and strong suspicion must be founded on material that can be tra....
The Court upheld the addition of charges under Section 406 IPC for criminal breach of trust due to sufficient prima facie evidence regarding dowry-related allegations.
Trial Court has not considered abetment contained in Section 107 IPC while framing charge by passing impugned order and thus committed a blatant illegality and contravened provisions of law, this Cou....
An accused cannot be convicted under Section 364 IPC in the absence of specific charges and reliable evidence of abduction, as both criteria are essential for establishing the offence.
The court affirmed the authority to alter charges under Section 216, ensuring no prejudice to the accused while maintaining the integrity of the trial process.
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