convict him under Section
306 IPC having regard to Section 222 Cr.P.C. Sub-section(1) of Section
222 lays down that when ... Code of Criminal Procedure, 1908 which correspond to Sections 215,
464(2), 464 and 465 of 1973 Code, the Court held as under in para
convict him under Section 306 IPC having regard
to Section 222 Cr.P.C. Sub-section(1) of Section 222 lays
down that when ... analysing
the provisions of Sections 225 , 232 , 535 , 537 of the Criminal Procedure
Code, 1908 that correspond to Sections 215, 464(2), 464
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
Code of Criminal Procedure dealing with the
effect of such an omission or error in the charge are Section 215 and
Section 464 CrPC ... omission,
and it has occasioned a failure of justice."
Section 464 CrPC provides as follows :
"464. Effect of omission to frame
charge having been
framed under section 306 is concerned, the effect of Section 222(2) and Section
464 of the Cr.P.C. cannot ... convict him under Section 306
IPC having regard to Section 222 Cr.P.C. Sub-section (1)
of Section 222 lays down that when
lieu of Section 120-B of IPC, Section 34 is
replaced and they are punished accordingly.
20. Section 464 CrPC postulates effect ... Supreme Court while interpreting
Section 464 of I.P.C. has held:-
Code of Criminal Procedure , 1973 - Section 222
(27 of 28)
[CRLA-76/1989
IPC but after
concluding investigation, charge-sheet was submitted under Section
302 / 34 IPC only. Though in terms of Section 227 , 228 IPC, the
learned ... CrPC or would have passed judgment in
accordance with Section 221 (2) of the CrPC guided by Section 464
CrPC
charge?
Answer to the said question can be found in section 464 cr.p.c.
Section 464 cr.p.c. postulates that no finding, sentence ... justice has infact been occasioned thereby.
Reference can also be made to section 215.
Section 215 cr.p.c. postulates that "No error
Crl.A.No.173/2000 Page 4 of 26
occasioned a failure of justice. On almost similar lines, Section 464
Cr.P.C. prescribes ... criminal court to be rendered invalid. The
need for interference by the appellate court would arise in terms of
sub- section 2 of Section 464
