The High Court dismissed the revision petition challenging the framing of murder charges. It held that the framing stage is not for final determination of guilt and the burden for exceptions lies with the accused during trial.
The revision petition was dismissed with no merit found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 178 of 2017
Versus
For the applicant : Mr. Amarnath Pandey, Advocate For the State : Mr. Anupam Dubey, Dy. G.A.
Hon'ble Shri Justice Goutam Bhaduri
Order on Board
18.08.2017
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Rajendra Singh became enraged and started assaulting the deceased with leg boots and struck him on the ground and thereafter left him at the place while the deceased was injured. The deceased was admitted to hospital and ultimately on 11.10.2015 the deceased died. After filing of charge sheet, the learned court below framed the charges u/ss 294, 506-II, 302/34 of IPC.
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was carrying liquor bottle in his pant pocket. Deceased Sanjay Singh has pointed out that why the liquor was kept, on which one of the accused i.e., Rajendra Singh got enraged and both the applicant and co-accused started assaulting the deceased by boots and struck him on the ground. The deceased fell down on the floor and sustained grievous injuries on the head and other parts because of the assault made by the applicant and other accused by way of boot kicks. Subsequently he was admitted to the hospital and died on 11.10.2015. As per the postmortem report, the cause of death was due to head injury and also multiple pathology problem which would have contributed because of complication of head injury.
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proof of the allegation rather it has to focus on the material and form an opinion whether there is strong suspicion that the accused has committed an offence, which if put to trial, could prove his guilt. The framing of charge is not a stage, at which stage final test of guilt is to be applied.
Sd/-
GOUTAM BHADURI JUDGE
R a o
2 issues framed by the court
Whether the High Court can interfere with the charging order at this stage to exclude the case from Section 302 IPC and place it under Section 302 Part II of the general exception of IPC.
Whether the burden of proving self-defence or exception under Section 300 IPC can be shifted to the accused at the charge-framing stage only based on general allegations.
Colour shows how this judgement treated each authority
State of Rajasthan v. Fatehkaran MehduReferred¶23
State of Rajasthan v. Fatehkaran Mehdu, AIR 2017 SC 796 · Who else cites this
5 provisions across 3 enactments
Y. K. Solomon @ Yang Keng Lungto Faham Solomon
State of Chhattisgarh through Station House Officer, Police Station Ambikapur
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
