Search Results Page

Search Results

1 - 10 of 28 (0.28 seconds)
The Case Of The Prosecution In Brief Is ... vs . on 31 March, 2012 cites

Saroj Rani And Anr. Etc. Etc vs State Of Punjab And Ors on 24 August, 1999

60. Second law has been laid down by Hon'ble Madras High Court in an almost identical case in facts titled Rani Vs. The State and others reported as 1987 Crl. L.J. 1817 wherein the accused connected iron fence around paddy field with main electric supply in order to hunt wild boars and owner of field warning accused about possibility of untoward incident due to electric connection and there was a death of person out of electric shock and it was held that it was a case where knowledge was involved and hence, offence was punishable u/s 304 and not u/s 304A IPC. It was further held that even though the investigation officer, in this case, made a final report that an offence u/s 304A appeared to have been committed, the trial court should have adverted its mind to the facts of the case and exercising its power judicially u/s 204 Cr.PC, committed the accused to the court of Sessions u/s 209 Cr.PC and the duty of framing proper charge rests entirely on the Magistrate and that he should not blindly accept the conclusion of the investigation officer in the final report. Thus, accepting the revision petition of the wife of the deceased, the order of the acquittal u/s 304A IPC was set aside and the matter was sent back to the Magistrate with a direction to commit the accused to the Sessions court and in the said revision SC No.10/11 Page 71/80 petition also, the Hon'ble High Court relied upon illustration (a) of Section 299 IPC.
Supreme Court of India Cites 0 - Cited by 39 - Full Document
1   2 3 Next