Bharamappa Gogi Vs. Praveen Murthy & Ors. Etc.
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Head Note
The Code of Criminal Procedure, 1973 - Section 227 , Section 228 , Indian Penal Code,1860 - Section 302 , Section 390 , Section 392 , Section 457 , Section 34
HC Direction to Frame Charge Set aside - Remand of case by High Court to trial Court for framing of charge u/s 397 IPC - Though Section 397 IPC, having regard to the case of the prosecution, may not be wholly irrelevant, the charges framed against the respondents-accused by the trial court, do adequately encompass all essential facts building up the offences imputed against them - In view of the inclusion of Section 34 IPC in the array of offences, for which the respondents-accused had been charged by the trial court, as well as the facts and the evidence sought to be relied upon by the prosecution, the order of remand was not called for and the appeals should have been decided on merits, on the basis of the charges already framed and the materials on record - Impugned decision liable to be set aside - Criminal Appeals filed by the respondents-accused before the High Court restored to their original numbers, for disposal afresh in accordance with law on the basis of the charges already framed and the evidence on record.
The Code of Criminal Procedure, 1973 - Section 227 , Section 228
Framing of Charge - Purpose of framing a charge against an accused person is to acquaint him with the incriminating facts and circumstances proposed to be proved against him in the trial to follow - Principal objective is to afford him an opportunity of preparing his defence against the charge - Possibility of prejudice to the accused arises, if he is not made conversant with the entire gamut of facts constituting the accusations leveled against him.
Topic(s)-Criminal Procedure - HC Direction to Frame Charge Set aside - Law related to charges clarified