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Rajveer Singh And Another vs The State Of Punjab on 22 March, 2010 cites

Dalbir Singh vs State Of U.P on 8 April, 2004

Appellant-Jagtej Singh is proved to have given poisonous substance to Gurpreet Kaur with the intent to facilitate commission of an offence of suicide. Jagtej Singh-appellant, by handing over celphos tablets to Gurpreet Kaur has facilitated for commission of an offence of administration of poison to Gurpreet Kaur, which is punishable under Section 328 IPC. Therefore, we modify the conviction of the appellant for an offence under Section 302 IPC to the one under Section 306 IPC read with Section 328 IPC. Such modification of sentence is permissible in view of the judgment of the Supreme Court in Dalbir Singh v. State of Punjab, (2004)5 SCC 334, wherein it was held that any error, omission or irregularity in the charge including any misjoinder of charges shall not result in invalidating the conviction or order of a competent court unless the appellate or revisional court comes to the conclusion that a failure of justice has in fact been occasioned thereby. In the present case, Jagtej Singh has been convicted for an offence under Section 302 IPC, whereas we have found that an Crl. A. No. 127-DB of 2007 [11] offence punishable with lesser punishment i.e. offence under Section 306 and 328 IPC is proved to have been committed by the appellants. Therefore, on the evidence adduced by the parties, there is no failure of justice or any prejudice which can be said to be suffered by the appellant in this connection.
Supreme Court of India Cites 18 - Cited by 98 - G P Mathur - Full Document
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