In Brief
This case concerned two criminal appeals challenging a High Court judgment that remanded the case for framing an additional charge under Section 397 IPC (robbery with attempt to cause death) and for recording fresh evidence. The appellant (complainant) challenged this remand. The Supreme Court held that the trial court's charges under Sections 120B/302/390/392/457 read with Section 34 IPC already adequately covered all essential facts of the offence. The Court found the High Court's reasoning that omitting Section 397 IPC constituted miscarriage of justice unconvincing. Noting that over a decade had passed since the incident, the Court set aside the remand order and restored the appeals to the High Court for decision on merit based on charges already framed and evidence on record.
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