that the
ingredients for the offence under Section 302 r/w Section 149 and
Section 148 of IPC were specifically brought to the notice ... framing
of the charge by not specifically charging under Section 149 IPC.
Therefore, Section 464 Cr.P.C. is attracted to the instant case. Section
concerned, his case is fully covered by clause
Thirdly of Section 300 IPC as it can be reasonably inferred that he
intended to cause bodily ... framed charge under Section 302 read with Section 149 IPC
against all the accused including A-1. In view of Section 464
coupled with the post-mortem report, conviction under Section
302 is appropriate and sentence awarded is maintainable for
which he relied on Radha Mohan Singh ... State of U.P. (2006) 2 SCC 450, in view
of Section 464 Cr.P.C. it is possible for the appellate or
revisional court
concerned, his case is fully covered by clause Thirdly of Section 300 IPC as it can be reasonably inferred that he intended to cause bodily ... framed charge under Section 302 read with Section 149 IPC against all the accused including A-1. In view of Section 464
considered the provisions of Sections 233 , 535 and 537 of the Code of Criminal Procedure (1898) (corresponding to Sections 218 , 464 ... accused were vitiated thereby.
10. Sub-section (1) of Section 464 of the Code of Criminal Procedure, 1973 ("Code" for short) expressly provides
question of prejudice in the background of Section 464 of
the Code of Criminal Procedure, 1973 (in short `the Code'). In
Ramkishan ... Code of
Criminal Procedure, 1898 which correspond
to Sections 215 , 464(2) , 464 and 465 of the
1973 Code, the Court held as under
Criminal Procedure Code the document could not become under section 45 , Evidence Act expert evidence. It was further observed, that section 294 , Criminal Procedure Code ... under section 302 / 149 , Indian Penal Code. The criticism on this aspect is completely answered in section 215, read with section 464 , Criminal Procedure Code
Rajesh Yadav vs State Of U.P. on 14 August, 2013
Bench: Dharnidhar Jha , Pankaj
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
Namo Narayan Upadhyaya & Others vs State Of U.P. on 4 February, 2011
Author
