Sangaraboina Sreenu (Supra).
48. Placing reliance on Section 464(1) of the Code of Criminal Procedure, the Court has held in Dalbir Singh (Supra) that ... convict him under Section 306 IPC having regard to Section 222 Cr.P.C? Sub-section (1) of Section 222 lays down that when
convict him under Section 306 IPC having regard to Section 222 Cr.P.C. Sub-section(1) of Section 222 lays down that when ... 464 Cr.P.C. and keeping in view Section 222 Cr.P.C. alone, the conviction of the appellant therein under Section 306 IPC
convict him under Section 306 IPC having regard to Section 222 Cr.P.C. Sub-section(1) of Section 222 lays down that when ... 464 Cr.P.C. and keeping in view Section 222 Cr.P.C. alone, the conviction of the appellant therein under Section 306 IPC
such, the same cannot be ignored with the aid of Section 464 Cr.P.C. either. Once charges have been framed against accused ... qualified by the restriction imposed in aforesaid Sections itself. For ready reference, Sections 464 and 465 Cr.P.C. are reproduced herein below:-
"464
provisions of sub- section 1 of Section 464 is not called for.
Sub-section (2) of Section 464 gives us two options ... have no option but to take recourse to sub- section 2 of Section 464 Cr.P.C.. Had it been a case only
charges. observing as under:
"10. Sub-section (1) of Section 464 of the Code of Criminal Procedure 1973 (`the Code', for short) expressly ... occasioned a failure of justice.
Section 464 in The Code Of Criminal Procedure, 1973
464. Effect of omission to frame, or absence of, or error
Rajesh Yadav vs State Of U.P. on 14 August, 2013
Bench: Dharnidhar Jha , Pankaj
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
Namo Narayan Upadhyaya & Others vs State Of U.P. on 4 February, 2011
Author
they are acquitted.
28. The appellant Ram Pravesh was charged under Section 302 / 34 I.P.C. but evidence of record establishes beyond any reasonable ... absence of charge under Section 302 I.P.C. simpliciter, no failure of justice has been occasioned. Section 464 Cr.P.C. provides that
