VidhiSangh

Supreme Court of India · 15/04/2019

BIHARI LAL versus THE STATE OF RAJASTHAN & ORS.

[2019] 6 S.C.R. 47 · 2019 INSC 528

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court directed framing of an attempt-to-murder charge after the courts below prematurely evaluated supposed inconsistencies in two prosecution medical reports. The reports prima facie supported Section 307, while detailed assessment of their reliability belonged to trial after the doctors testified. The accused retained the right to contest that charge on the evidence, and the direction to frame it was not a determination of guilt.

Issues

  1. Whether alleged inconsistencies in medical reports justified discharge from the Section 307 charge.
  2. Whether the evidence prima facie required framing that charge alongside the remaining charges.

Held

Result

Appeal allowed and impugned order set aside. Trial court directed to frame the Section 307 IPC charge against the three accused, leaving final merits open.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 47.