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RAVINDRA MAITHANI
Jagroop Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
The challenge in this revision is made to order dated 01.05.2024, passed in Sessions Trial No.207 of 2023, State vs. Satnam Singh alias Tiger and others, by the Court of Second Additional Sessions Judge, Kashipur, District Udham Singh Nagar (“the case”). By which, charges have been framed against the revisionist for the offences punishable under Sections 307 read with 34, 354 read with 34, 504 read with 34, 506 read with 34 and against Satnam Singh, charged under Section 30 of the Arms Act, 1959 has also been filed.
2. Heard learned counsel for the parties and perused the file.
3. The case is based on FIR No.117 of 2022, under Sections 147, 504, 506, 354, 307 IPC, Police Station Kunda, District Udham Singh Nagar. According to it, on 09.05.2022, injured Joga Singh first abused by the applicants. Joga Singh conveyed it to the informant, with whom, he was working. When informant reached at the place of the incident, the FIR records that the applicants opened fire with their licensed firearms, which hit Joga Singh near his head. The informant and Joga Singh tried to escape. In the meanwhile, many persons came there including Mannat Kaur, the wife of Joga Si
Charges under serious IPC sections require clear prima facie evidence; lack thereof necessitates quashing such charges.
At the stage of framing charges, only prima facie evidence is required, and strong suspicion is enough to frame charges. The court referred to various legal principles and precedents to support its d....
At the stage of framing of charge, only a prima facie view is to be taken and if the material on record could lead to the conclusion that the commission of the offense is a probable consequence, a ca....
The court retains discretion to alter charges as needed regardless of complainant's requests, emphasizing the independence of judicial decision-making.
The court affirmed that for Section 307 IPC, causing hurt with intent or knowledge is sufficient, and the trial court must assess evidence to determine if charges are warranted.
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