Whether this is a case under section 302 or under the second part of section 304 of the Indian Penal Code?
The Code is designed to further the ends of justice and not to frustrate them by the introduction of endless technicalities. Substantial compliance with the outward forms of the law, mere inconsequential errors and omissions in the trial do not vitiate trial unless the accused can
show substantial prejudice.
STATE OF BIHAR V. RAMESH SINGH State of Bihar v. Ramesh Singh (1977) 4 SCC 39 ISSUE: Tests for discharging an accused-Presumption of innocence.Difference between case for conviction or case for proceeding further. RULE: Section 226, 277 and 228 of the CrPC. FACTS: At 3.00 A.M. on the 26th of November 1973 Smt. Tara Devi,...
Whether there are no sufficient grounds in framing of the charge under section 227 of the CrPc, 1973?
Whether respondent no. 1 and respondent no. 2 have done conspiracy against the appellant and has committed an offence under section 5(1) (d) and 5(2) of the prevention of corruption act read along with section 120-B of Indian Penal Code and acted illegally?
The law in question in this case is section 227 of the Code of Criminal Procedure, 1973. Section 227 talks about discharge which says that “ if upon consideration of the record of the case and the documents submitted herewith, and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and will record its reasons.”
Can the trial court at the time of framing of charge consider material filed by the accused?
Section 227 was incorporated in the Code with a view to save the accused from prolonged harassment when the evidential materials gathered after investigation fall short of minimum legal requirements.
If the evidence even if fully accepted cannot show that the accused committed the offence, the accused deserves to be discharged.