Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – ss.211-224 386 – Alteration of charges |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973 – ss.211-224, 386 –Alteration of charges – Permissibility of – Seven accused persons(one of whom died during trial) attacked victim-complainant – Sixaccused persons (including the three appellants-accused) convictedfor offence u/ss.307 r/w s.149; s.148 – Appellants’ conviction u/ss.307, 148 upheld by High Court and sentence u/s.307 reducedfrom seven years to five; other three co-accused persons acquitted– On appeal, held: ss.211-224 dealing with framing of charges incriminal trials, give significant flexibility to Courts to alter and rectifythe charges – Courts are free to weigh evidence and determinewhether an independent conviction is possible in case groupprosecution u/s.149 fails – Appellants did not suffer any adverseeffect when the High Court held the three of them individually guiltyfor attempted murder, without the aid of s.149 – Appellants hadpreviously threatened the complainant with physical harm if he wereto attempt to irrigate his fields – Attack was pre-planned andcalculated – Each of them individually attacked the complainantwith a deadly object in furtherance of the common intention of killinghim – Requirements of s.34 established – Offence u/s.307 is clearlymade out against each of them – Appellants to be taken into custodyto serve the remainder of five-year sentence – Conviction u/s.148set aside – Penal Code, 1860 – ss.34, 141, 148, 149, 307 – Witness– Sentencing.Penal Code, 1860 – ss.34, 149 – Difference between –Discussed.Witness – Independent witnesses – Non-examination of – Held:Any adverse inference against the non-examination of independentwitnesses needs to be assessed upon the facts and circumstances ofeach case. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2020 INSC 694 |
Petitioner | Rohtas & Anr. |
Respondent | State Of Haryana |
SCR | [2020] 11 S.C.R. 983 |
Judgement Date | 2020-12-10 |
Case Number | 38 |
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