State of J & K Vs. Abdul Ahad Sheikh & Ors.
EmailAppeal: Criminal Appeal Nos. 761-762 of 2000
(Arising out of SLP (Crl.) Nos. 1559-1560/2000)
(Arising out of SLP (Crl.) Nos. 1559-1560/2000)
Petitioner: State of J & K
Respondent: Abdul Ahad Sheikh & Ors.
Apeal: Criminal Appeal Nos. 761-762 of 2000
(Arising out of SLP (Crl.) Nos. 1559-1560/2000)
(Arising out of SLP (Crl.) Nos. 1559-1560/2000)
Judges: G.B. Pattanaik & U.C. Banerjee, JJ.
Date of Judgment: Apr 09, 2000
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860
Sections 302,304 and 482 – Murder or culpable homicide not amounting to murder – Framing of charges – High Court altering the charge for offence under Section 304 (Part 1) from that under Section 302 – Legality. Held at the stage of framing of charge, High Court has no jurisdiction to shift the evidence, examine defence plea and alter the charge. Such action by High Court not within the parameters laid down by Supreme Court in several cases.
(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. The State of J & K is in appeal against the impugned order of the learned Single Judge of the Jammu & Kashmir High Court, who by the impugned judgment at the stage of framing of charge, has altered the charge from Section 302 IPC to one under Section 304 Part I, on a finding that the accused must be said
to have committed the offence because of sudden quarrel and the injury was
not caused with an intention to cause death.
3. A bare perusal of the judgment would indicate that the High Court at the stage of framing of charge, has gone beyond its jurisdiction by trying to shift the evidence and examining the defence plea and ultimately, altering the charge framed. The parameters for exercise of power under Section 482 against an order of framing of charge have now been said in several decisions of this Court and the impugned order does not conform to the said parameters. In this view of the matter, the impugned order of the High Court is set aside and the accused is directed to face the charge under Section 302 IPC. The Criminal Appeals stand disposed of accordingly.
1. Leave granted.
2. The State of J & K is in appeal against the impugned order of the learned Single Judge of the Jammu & Kashmir High Court, who by the impugned judgment at the stage of framing of charge, has altered the charge from Section 302 IPC to one under Section 304 Part I, on a finding that the accused must be said
to have committed the offence because of sudden quarrel and the injury was
not caused with an intention to cause death.
3. A bare perusal of the judgment would indicate that the High Court at the stage of framing of charge, has gone beyond its jurisdiction by trying to shift the evidence and examining the defence plea and ultimately, altering the charge framed. The parameters for exercise of power under Section 482 against an order of framing of charge have now been said in several decisions of this Court and the impugned order does not conform to the said parameters. In this view of the matter, the impugned order of the High Court is set aside and the accused is directed to face the charge under Section 302 IPC. The Criminal Appeals stand disposed of accordingly.
