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Supreme Court of India 2018-04-27 allowed

Akbar Hussain vs State of Jammu and Kashmir & Anr

Bench: 2 — A.K. Sikri

In Brief

In this criminal appeal, the Supreme Court reversed the High Court's decision to quash a murder charge (Section 302, Ranbir Penal Code) and substitute it with a negligence charge (Section 304). The accused, employees of the electricity department, allegedly deliberately electrocuted a worker. The Court held that at the charge-framing stage, the test is prima facie case based on strong suspicion, not the proof standard applied at trial. Since investigation materials showed knowledge and intention to cause death, charging under Section 302 was proper. The Court rejected the High Court's reliance on employment status and emphasized that relevant factors at trial are different from those at charge-framing.

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Criminal Procedure Charge Framing Murder and Culpable Homicide Evidence Investigation

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