In Brief
Ghulam Hassan Beigh's wife died following an assault by seven accused persons who trespassed into his home. The trial court and High Court discharged the accused from murder (Section 302 IPC) based solely on the post-mortem report showing death from 'cardiac arrest,' and framed a lesser charge under Section 304 (culpable homicide). The Supreme Court held that the post-mortem report is not substantive evidence at the charge-framing stage; only the medical officer's oral testimony in court constitutes substantive evidence. The nexus between the assault and death can only be determined after hearing full oral evidence from witnesses and the medical expert. Prematurely discharging from the higher charge prevents the prosecution from leading full evidence. The Court set aside both orders and directed the trial court to frame fresh charge in accordance with the original prosecution case, allowing the defence to persuade at trial that the offence is merely culpable homicide."/>
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