basic constituent of an offence under Section 302 I.P.C. is homicidal death and under Section 306 I.P.C. the abetment of suicidal ... appellant could be convicted under Section 302 of the Penal Code without amending the charge. Further, Section 464 Cr.P.C. provides in clear words
should be no connection between the various acts which give rise to criminal liability. If there is such a connection, one action ... clubbing together in a single charge all the four murders. Further, Section 464 Cr.P.C. states that no finding, sentence or order
there was no
lacunae in the examination of the accused under Section 313
Cr.P.C. In any event the appellants have not been able ... since been deceased and
the fate of one is not known. Section 464 , Cr.P.C provides as
follows:
“464. Effect of omission to frame
stated. Sub-section (4) of Section 211 of the Code
of Criminal Procedure specifically requires that the
law and section of the law against which ... matter should be remitted to the trial
court under Section 464 of the Criminal Procedure Code for
fresh trial from the point of the framing
substantive offence when the charge was with the aid of Section 149 IPC it is not vitiated.
6. The learned Single Judge discussed the facts ... occasioned thereby It is abundantly clear from a bare reading of Section 464 Cr.P.C, Therefore the mere ground that the accused
other authority. Finally it is
submitted that the provisions of Sections 464 and 465 CrPC cannot be
invoked to cure the material irregularity ... material irregularity which will cause prejudice to the
accused and therefore Section 464 CrPC can be invoked. She maintains
that documents which
free of cost under Section 363(1) of the Cr.P.C. Lastly, the learned Magistrate wrongly invoked Section 464 of the ... justice has In fact been occasioned thereby. Reading of Section 464 of the Cr.P.C. would show that invocation of the said provision
justice has infact been occasioned thereby in terms of Section 464 Criminal Procedure Code . Here it. is nobody's case nor was indeed ... become null and void. This patently is not the law. Section 464 Criminal Procedure Code . (equivalent, to old section 537 of the Criminal Procedure Code
Trial Court, that can be cured
as per the provisions of Section 464 of Cr.P.C. and on the
ground of an error ... omission in framing of charges as per the
provisions of Section 464 of Cr.P.C., but in view of the
34
judgment
falling under different Sections of penal enactment and the offences
committed on different occasions, even though may fall under same
Section, would be distinct offences ... rule and mis-joinder of charges would be as provided in Section
464 Cr.P.C. As per this Section, no finding, sentence or order
