The Supreme Court has ruled that failure of the prosecution framework under Article 149 of the Indian Criminal Code will not affect the conviction unless the defendant is harmed. If the elements of the

 section are explicitly or implicitly included in the indictment, the jury is composed of Judges MR Shah and BV Nagarathna and is guilty of them, despite the fact that the section is not mentioned. You can uphold the ruling.

Subash @ Pappu become convicted via way of means of the Trial Court beneath neath Section 302 IPC and Section 148 IPC. Appeal allowed by the High Court. The State of Uttar Pradesh approached the Apex Court tough this acquittal.

 While thinking about the appeal, the bench mentioned that though the accused become now no longer mainly charged for the offence Section 302 r/w Section 149 IPC, components for the Section 302 r/w Section 149 and Section 148 of IPC had been mainly added to the attention of the accused. Therefore, on the most, it is able to be stated to be a faulty framing of the price via way of means of now no longer mainly charging Section 149 IPC, the bench mentioned.

The court observed that merely the weapon used is not recovered cannot be a ground not to rely upon the dying declaration, there is no absolute proposition of law that says when at the time when the dying declaration was recorded, there was no emergency and/or any danger to the life, the dying declaration should be discarded.

The accused had contended that he cannot be tried or convicted under section 148 of IPC, it shall not be attracted as the number of accused tried were less than five in number.

” there were more than 6 people present is proved in court. Just because three people have been prosecuted/prosecuted/tried and two of the three have been acquitted cannot be a reason not to convict the accused under Article 148 IPC. “Said.

 The court partially granted the appeal and ruled that the defendant could not be brought to justice for a crime punished under  IPC § 302r / w IPC § 149, stating that the deceased died of sepsis 30 days later. Instead, the defendant was found guilty of a breach under Section 304 Part I or Section 149 IPC, and a breach under Section 148 IPC.

Leave a Comment

× Need legal help?