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.2271228- Discharge/framing of charges |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: ss.227/228- Discharge/framing of charges - FIR lodged for offences punishable u/ss 307, 386 /PC and other offences - Application u/s 2271228 CrPC - Addi. Sessions Judge holding that no charge could be framed u/s 307 and 386 IPC and transferred the case to Chief Judicial Magistrate Order affirmed by High Court - Held: FIR and statements of witnesses prima-facie indicate that ingredients of s.307 IPC are made out - Order of Court of Session as affirmed by High Court, set aside - Penal Code, 1860, ss.307, 386, 147, 148, 504, 384, 324 and 341. Penal Code, 1860: s.307 - Ingredients - FIR - Application or discharge u/ s 307 IPC - Held: If anybody does any act with intention or knowledge that by his act he might cause death, and hurt is caused, that is sufficient to attract s. 307 - Further, in order to attract s. 307, the injury need not be on vital part of the body - In the instant case, statements, weapons used and taking into account the nature of injuries and the open declaration by accused that the appellant would be killed, would indicate that, prima-facie, ingredients of s. 307 IPC are made out - Code of Criminal Procedure, 1973 - ss.227/228. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2014 INSC 967 |
Petitioner | Anjani Kumar Chaudhary |
Respondent | State Of Bihar And Another |
SCR | [2014] 5 S.C.R. 562 |
Judgement Date | 2014-04-23 |
Case Number | 926 |
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