sent for trial U/s 302/304B/498A
r/w 34 of IPC .
1.1 The facts of the case are that the deceased ... Court further recorded the statement of the four accused U/s 313
Cr.P.C . The accused examined Dr. T. D. Dogra in their defence
since the charge
was for the offence punishable under Section 302 Indian Penal
Code, the accused were not put to notice to meet a charge ... they
are prejudiced by not framing a charge under Section 306
Indian Penal Code and; therefore, presumption under Section
113-A of Indian Evidence
under
Sections 498A and 306 of the Indian Penal Code (hereinafter referred to
as “ IPC ”). The Appellants were sentenced to undergo imprisonment ... thereafter, the FIR was converted from Section 174
Cr.P.C to Section 306 IPC. Charges were framed and after completion of
trial
Sessions
Judge, Harda in ST No.193/1994, whereby the appellants
were convicted for commission of offence punishable under
Section 306 read with Section ... Criminal Appeal No.1138/1996
Cr.P.C . the trial Court could not convict the appellants for
the offence under Section 306 of IPC
whereby accused appellant have been convicted Under Section 302 I.P.C. for having committed murder of Lalita (wife of appellant No. 1 Lokendrasingh ... that basis merg was recorded and offence Under Section 306 I.P.C. was registered wide P/18-A. The same was recorded by Head
since the charge was for the offence punishable under Section 302 Indian Penal Code, the accused were not put to notice to meet a charge ... they are prejudiced by not framing a charge under Section 306 Indian Penal Code and; therefore, presumption under Section 113-A of Indian Evidence
1634 of 2010, under Sections 498A , 306 , 302 and 201 of I.P.C., Police Station Deva, District Barabanki, whereby the appellant has been convicted ... under Section 302 , 201 and 498A of I.P.C. with fine stipulation.
Brief facts which are necessary for the disposal of this appeal
order
dated 10 November 2011 passed by the Additional Sessions Judge,
Kalyan, convicting the Appellant/original Accused No.1 for the offence
punishable under section ... Therefore, in view of section 464 CrPC, it is pos-
sible for the appellate or revisional court to convict an Ac-
cused for an offence
present appeal under Section 374 of the
Code of Criminal Procedure, 1973 (hereinafter
referred to as " CrPC " for short), the appellant
has challenged ... under Sections 306 , 498(A) , 506(2) and 114 of the
Indian Penal Code (hereinafter referred to as
" IPC " for short
appellant was charged under Sections 417 , 376
and 306 of the Penal Code, 18601. The trial
court acquitted him of all the above offences ... offence punishable
under Section 306 of the Penal Code, 1860 (for
short, 'the IPC ') and is directed against the order
passed
