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
filed Criminal Revision P. No.61 of 2009 before the
Delhi High Court along with an application for grant of bail under section 439
... Section 364A. It also held that if there was any error in framing
of the charges, the same could be cured under Section 464
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
convict him under Section 306 IPC having regard to Section
222 CrPC? Sub-section (1) of Section 222 lays down that when ... Criminal Procedure
requires that the charge against the accused be
precisely stated. Sub-section (4) of Section 211 of
the Code of Criminal Procedure specifically
para 10)
"10. Sub-section (1) of Section 464 of the Code of Criminal
Procedure 1973 ('the Code', for short) expressly provides ... Criminal Procedure , 1973 as well in the light of Sections
215 , 216 , 218 , 221 and 464 contained therein. In unmistakable terms,
Section 464 specifies that
irregularity curable under the provisions of the Code of Criminal
Procedure .
19. Section 464 of the Code of Criminal Procedure
provides as under :
464. Effect ... Code of Criminal Procedure, 1898 which corresponds to Sections 215 , 464(2) , 464
and 465 of the 1973 Code, the Court held as under
settled position of law that in a criminal trial charge being the
foundation of accusation every care should be taken to frame it properly ... irregularity and the defect in the charge can be cured under section 464 Cr.P.C.
In fact, the purpose of charge is to give
court must act under sub-section (2) of
section 464 of the Code of Criminal Procedure and direct the re-trial
of the case from ... 464(1) of the Code of Criminal Procedure. When we come to consider
the provision of 464(2) of the Code of Criminal Procedure
husk and
thus, he had committed offence under Section 15 of the Act. A perusal of
Section 15 of the Act reveals that anybody ... article stored. Therefore, this Court shall make reference to Section 464
Cr.P.C. and hold that in facts and circumstances of the present case
hence, report under Section 173
Cr.P.C. was filed by prosecution for offence under Section 302 read with
Section 34 IPC.
28. There ... Section 302 read with Section 34 IPC, as the
offence under Section 306 read with Section 34 IPC is lesser than offence
under Section
