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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Dilip Damor – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. the case involves charges under ipc sections 498-a and 306. (Para 1 , 2 , 3) |
| 2. the petitioners argue against the evidence supporting charges. (Para 4 , 5 , 6) |
| 3. court examines the application of presumption under section 113-a. (Para 10 , 11) |
| 4. court discusses principles for framing charges and inherent powers. (Para 12 , 19) |
| 5. affirms trial court's decision; no grounds for interference. (Para 24 , 26) |
ORDER :
With consent of the parties heard finally. Invoking the revisional jurisdiction under section 397 read with section 401 of CRIMINAL PROCEDURE CODE , the petitioner has preferred this revision against the judgment dated 26-11-2019 passed by the Additional Sessions Judge, Ratlam, District Ratlam in S.T. No. 188/2019 whereby learned Sessions Judge framed charges for offence under section 498-A and 306 of INDIAN PENAL CODE , 1860 against the petitioners.
2. Succinctly, the case of the prosecution is that on 10-8-2019, a dispute occurred between petitioner No. 1-Dilip and petitioner No. 2-Piru Damor, the father of petitioner No. 1, on account of cattle grazing at that time wife of petitioner No. 1-Dilip came there and asked petitioner No. 2 why he is always disput
The court upheld the presumption of abetment of suicide under Section 113-A of the Evidence Act, affirming sufficient grounds for framing charges of cruelty and abetment against the petitioners.
trial court while considering the discharge application is not to act as a mere post office. It can evaluate the evidence for a limited purpose to find out whether there are sufficient grounds to try....
The court upheld the framing of charges under IPC Sections 304B and 498A, emphasizing the necessity of establishing essential ingredients for dowry death and the standard of suspicion at the charge f....
The court ruled that at the charge framing stage, strong suspicion suffices to proceed against the accused, prioritizing witness testimonies and circumstantial evidence over the need for conclusive p....
The court emphasized the need for a prima facie case to be made out against the accused while framing charges, and the importance of considering the broad probabilities of the case and the total effe....
At the stage of framing charges, even a strong suspicion is sufficient to frame the charges, and the requirement of mens rea for abetment of suicide under IPC 306.
Court confirmed that charges must be based on prima facie evidence during the discharge stage, and only extremely implausible allegations warrant quashing of charges.
The main legal point established in the judgment is the application of statutory law and principles for exercising power under Cr.P.C. in determining the framing of charges under Section 306 of IPC, ....
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