In Brief
A widow of the deceased challenged orders discharging accused persons from murder charges (Section 302 IPC) and framing charges only for culpable homicide (Section 304 IPC). The trial court and High Court relied solely on post mortem evidence showing cause of death as cardio-respiratory failure without serious injuries. The Supreme Court held that at the charge framing stage, courts must not conduct mini trials but should frame charges if materials disclose grave suspicion. Post mortem reports are not substantive evidence; only oral expert testimony constitutes substantive evidence. The court erred in prematurely limiting prosecution evidence by discharging from murder charge before full trial. The appeal was allowed and matter remitted for fresh charge framing decision.
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