Penal Code, 1860: ss.307, 323, 325, 336 and 341 r/w s.34 – Accused-respondent no.2-4 were prosecuted for commission of offences punishable under ss.307, 323, 325, 336 and 341 r/w s.34 IPC – Before the trial court, the case of the accused persons was that while framing the charges, no offence under s.307 IPC was made out against them and, therefore, no charge should have been framed against them under s.307 and in support of their case, they referred to and placed reliance on the two medical reports which were filed by prosecution along with the charge sheet – Trial court discharged them from offence under s.307 and proceeded to frame the charges in relation to other offences – Revision petition filed by complainant-appellant before the High Court against the discharge order was dismissed – Appeal by complainant – Held: Both the Courts below wrongly appreciated the two medical reports, found fault and inconsistencies therein and then came to a conclusion that no prima facie case was made out against respondent Nos. 2 to 4 insofar as the offence under s.307 IPC was concerned – The stage to appreciate the evidence with a view to find fault or/and inconsistencies in the two medical reports arise only when the prosecution leads evidence by examining the doctors in support of the medical reports – That stage was yet to come in this case – Mere perusal of the medical reports filed by the prosecution prima facie showed that a case under s.307 was made out against respondent Nos. 2 to 4 and, therefore, the charge under s.307 ought to have been framed against them along with the other charges – Trial court seized of the trial is directed to frame the charge under s.307 IPC against respondent Nos. 2 to 4.
Allowing the appeal, the Court
HELD: The stage to appreciate the evidence with a view to find fault or/and inconsistencies in the two medical reports would arise only when the prosecution leads evidence by examining the doctors in support of the medical reports. That stage is yet to come in this case. Trial court is directed to frame the charge under s.307 IPC against respondent Nos. 2 to 4. [Paras 14, 15, 16][50-B-E]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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