involved in the present case, the perusal of sections 216 and 217 Code of Criminal Procedure, 1973 are necessarily required, which reads as under ... ingredients of section 147 I.P.C.are already covered by the definition of section 148 I.P.C. The sections
Sections
302 / 149 of the Indian Penal Code. No conviction was recorded under
Section 396 of the Indian Penal Code and also under section ... point of
amended charge under Section 302 and 302 / 149 of the Indian Penal Code.
Section 217 Cr.P.C. provides that whenever charge
Sections
302 / 149 of the Indian Penal Code. No conviction was recorded under
Section 396 of the Indian Penal Code and also under section ... point of
amended charge under Section 302 and 302 / 149 of the Indian Penal Code.
Section 217 Cr.P.C. provides that whenever charge
court to follow the procedure as provided under Sub Section 4 of Section 216 Cr.P.C. read with Section 217 ... additional charge under Section 302 / 34 IPC, the court has to follow the procedure as provided under Section 217 Cr.P.C., the same reads
view Section 306 IPC but at the fag end of the trial, Section 302 IPC was inserted among array of the Sections. Surprisingly, the appellants ... charge under Section 302 IPC was wrongly framed and appellants can not be convicted without adhering the procedure under Sections 216 & 217
were contained in section 228 of old Cr.P.C., provisions of section 216 (4) were contained in section 229 of old ... under sections 302 and 364 IPC. In appeal before High Court on the ground that without following the procedure under sections 216 and 217
Sections
302 / 149 of the Indian Penal Code. No conviction was recorded under
Section 396 of the Indian Penal Code and also under section ... point of
amended charge under Section 302 and 302 / 149 of the Indian Penal Code.
Section 217 Cr.P.C. provides that whenever charge
Sections
302 / 149 of the Indian Penal Code. No conviction was recorded under
Section 396 of the Indian Penal Code and also under section ... point of
amended charge under Section 302 and 302 / 149 of the Indian Penal Code.
Section 217 Cr.P.C. provides that whenever charge
examination and that the provision of Sections 216 and 217
of the Code of Criminal Procedure was not adhered to in the true sense ... altered or
added, the enabling provision is Section 216 of the Code of Criminal
Procedure.
37. In the case under consideration, the learned Special Judge
opportunity granted to the accused persons under Section 217 of
the Code of Criminal Procedure to test the prosecution evidences
in the context ... Code of Criminal Procedure but
also from the border constitutional guarantee of a fair trial.
17. Section 216 of the Code of Criminal Procedure empowers