Case Note & Summary
The appeal arose from a criminal revision filed by the complainant, Bihari Lal, against the order of the High Court of Rajasthan at Jodhpur, which affirmed the trial court's decision to discharge respondent Nos. 2 to 4 (accused persons) from the charge under Section 307 IPC. The accused were facing prosecution for offences under Sections 307, 323, 325, 336, and 341 read with Section 34 IPC. The trial court, relying on two medical reports, found inconsistencies and held that no prima facie case under Section 307 IPC was made out, discharging them from that charge. The High Court upheld this order. The Supreme Court, however, found that both courts erred by appreciating evidence at the stage of framing charge, which is impermissible. The Court held that the medical reports prima facie disclosed an attempt to murder, and the charge under Section 307 IPC should have been framed. The Supreme Court allowed the appeal, set aside the impugned orders, and directed the trial court to frame the charge under Section 307 IPC against the accused, while clarifying that the accused may argue after evidence is adduced that no case under Section 307 is made out.
Headnote
A) Criminal Procedure Code, 1973 - Section 227 - Discharge - Prima Facie Case - The court at the stage of framing charge cannot appreciate evidence or find inconsistencies in medical reports; it must only see if a prima facie case exists. The trial court erred in discharging accused under Section 307 IPC by analyzing medical reports in detail. (Paras 11-15) B) Indian Penal Code, 1860 - Section 307 - Attempt to Murder - Framing of Charge - Medical reports filed by prosecution prima facie indicated an attempt to murder, hence charge under Section 307 IPC ought to have been framed. The High Court and trial court's orders set aside. (Paras 15-16)
Issue of Consideration
Whether the courts below were justified in discharging the accused from the offence under Section 307 IPC on the ground that no prima facie case was made out, based on appreciation of medical reports.
Final Decision
Appeal allowed. Impugned order set aside. Trial court directed to frame charge under Section 307 IPC against respondent Nos. 2 to 4. Accused may argue after evidence that no case under Section 307 is made out.
Law Points
- Prima facie case for framing charge under Section 307 IPC can be made out from medical reports without appreciating evidence at the stage of framing charge
- Appreciation of evidence and finding inconsistencies is a matter for trial
- not for discharge
