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Without mincing any words, the Court stated that the accused had miserably failed to get himself discharged when he had filed the application under S. 227 CrPC; still however, he filed another vexatious application seeking modification of charge under Section 216 of CrPC to derail the criminal proceedings.
“The High Court should have intervened and discharged the appellants. But this Court will intervene, being the sentinel on the qui vive.”
Supreme Court: The bench of MR Shah and bela M. Trivedi, JJ assembled on Saturday to hear the appeal against the Bombay
Ultimately, upon appreciation of the entire evidence on record at the end of the trial, the trial court may take one view or the other i.e. whether it is a case of murder or case of culpable homicide. But at the stage of framing of the charge, the trial court could not have reached to such a conclusion merely relying upon the port mortem report on record.
Delhi High Court: Sanjeev Sachdeva, J., upheld the order of the trial court discharging the respondent who was accused of committing offences punishable