1996 (10) TMI 521 - HC - Indian Laws

Summary

Issues:
1. Framing of charges under Section 308/34 IPC and Section 323/34 IPC.
2. Necessity of specific ingredients for an offence under Section 308 IPC.
3. Evaluation of evidence and legal provisions under Section 227 and 228 of CrPC.
4. Determination of intention or knowledge to commit culpable homicide.
5. Requirement of Magistrate's permission for investigating non-cognizable offences.

Detailed Analysis:

1. The judgment revolves around the framing of charges against the petitioners under Section 308/34 IPC and Section 323/34 IPC. The petitioners challenged the charges framed by the Additional Session Judge, contending that the police did not have the necessary permission to investigate the offence under Section 323 IPC without the Magistrate's approval.

2. The counsel for the petitioners argued that for an offence under Section 308 IPC, specific ingredients must be present, including the act being committed with the intention or knowledge to commit culpable homicide not amounting to murder. The injuries sustained by the complainant were evaluated to determine if they could lead to death, as required by Section 308 IPC.

3. The judgment delves into the provisions of Section 227 and 228 of the Criminal Procedure Code, emphasizing that at the initial stage of trial, the court is not required to extensively evaluate the evidence. However, the judge has the authority to assess whether a prima facie case exists against the accused based on the evidence presented.

4. The court analyzed the injuries sustained by the complainant and the circumstances of the case to determine if there was an intention or knowledge on the part of the accused to cause injuries that could result in death. It was concluded that the injuries inflicted did not suggest an intention to commit culpable homicide under Section 308 IPC.

5. Regarding the non-cognizable offence under Section 323 IPC, the judgment highlighted the necessity of obtaining permission from the Magistrate for police investigation. As the police had not sought such permission in this case, the proceedings against the petitioners under Section 323 IPC were deemed impermissible.

In conclusion, the petitioners were discharged of the offence under Section 308 IPC, and the proceedings related to the offence punishable under Section 323 IPC were quashed due to the lack of Magistrate's permission for investigating the non-cognizable offence.