Criminal Trial –

 

IPC,  Section 302 read with Section 34 and 120­B   - Suspicion - “may be true” to “must be true” -  On an analysis of the overall fact situation in the instant case, and considering the chain of circumstantial evidence relied upon by the prosecution to prove the charge is visibly incomplete and incoherent to permit conviction of the appellants on the basis thereof with-out any trace of doubt – Though the materials on record hold some suspicion towards them, but the prosecution has failed to elevate its case from the realm of “may be true” to the plane of “must be true” as is indispensably required in law for conviction on a criminal charge -  It is trite to state that in a criminal trial, suspicion, howsoever grave, cannot substitute proof. 2019 SCeJournal 68

2019 SCeJ 49

4 January, 2019

Penal Code, 1860 – Section  307, 325 - Quashed – Considering material on record, the medical certificate more particularly, the injuries sustained by the original Complainant - Complainant sustained injuries on the nose and fracture of the nasal bone, the case may fall within the grievous hurt, but it cannot be said that even, prima facie, a case is made out for the offence under Section 307 of the IPC - It cannot be said that the intention of the accused was to cause death of the complainant – High Court rightly passed order holding that a charge under Section 325/149 ought to have been framed  and    setting aside the order passed by the trial Court insofar as framing the charge under Section 307 of the IPC - CrPC, 1860, S. 482  .   2019 SCeJ 49