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Supreme Court of India 2019-04-15 allowed

BIHARI LAL vs THE STATE OF RAJASTHAN

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

Bihari Lal, a complainant, appealed against the discharge of three accused persons from charges under Section 307 IPC (attempt to murder), even though they remained charged with other offences. The Additional Sessions Judge and High Court had discharged them because they found inconsistencies in the medical reports and deemed the evidence insufficient. The Supreme Court held that at the charge-framing stage, courts must not undertake detailed evaluation of evidence or find fault with prosecution documents. A prima facie case exists if the documents prima facie show the offence is made out. The Court set aside the orders and directed that the charge under Section 307 IPC be framed against the accused.

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Criminal Procedure Attempt to Murder Charge Framing Evidence

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