NDLI: Bhawna Bai Vs. Ghanshyam and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Standard of proof ss.228 Framing of charges CPC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973: ss.228 – Framing of charges – Standard of proof – Held: At the stage of framing the charge, the court has to see if there is sufficient ground for proceeding against the accused – While evaluating the materials, strict standard of proof is not required; only prima facie case against the accused is to be seen. Code of Criminal Procedure, 1973: ss.228 – Charges framed against accused-respondent under s.302 r/w s.34 IPC – Prosecution case was that dead body of the husband of the appellant-complainant was found in the field of first respondent – When the appellant came to know, she went running towards her husband’s dead body, but the son of first respondent caught hold of her and forcibly locked her in a room in his house and did not allow her to go near the dead body of her husband – The allegations in the charge sheet suggested that the accused-respondents had earlier quarrelled with deceased thereby suggesting a motive for the crime – Though, the body of deceased was found in the field of first respondent-accused, he did not inform the family of deceased nor informed the police about the same – Trial court framed charges under s.302 r/w s.34 IPC against the accused-respondents – Accused-respondents filed revision – High Court quashed the charges – Aggrieved complainant filed instant appeal – Held: As per s.226, the public prosecutor is required to open the case before the Sessions Court by describing the charge brought against the accused and stating by what evidence, he proposes to prove the guilt of the accused – In this case, upon hearing the parties and considering the allegations in the charge sheet, the Sessions Judge was of the opinion that there were sufficient grounds for presuming that the accused committed the offence punishable under s.302 IPC r/w s.34 IPC – For framing the charges under s.228, the judge was not required to record detailed reasons – High Court was not right in interfering with the order of the trial court framing the charges against accused-respondents – Impugned order is set aside – Trial case is restored – Penal Code, 1860 – s.302 r/w s.34.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 1313
Petitioner	Bhawna Bai
Respondent	Ghanshyam And Others
SCR	[2019] 14 S.C.R. 422
Judgement Date	2019-12-03
Case Number	1820

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