VidhiSangh

Supreme Court of India · 26/07/2022

GHULAM HASSAN BEIGH versus MOHAMMAD MAQBOOL MAGREY & ORS.

[2022] 13 S.C.R. 34 · 2022 INSC 750

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Summary

The accused allegedly assaulted the complainant's family in a dispute over a tin fence, and the complainant's wife died later that night. Relying on the post-mortem finding of cardio-respiratory failure and the absence of serious injuries, the trial court discharged the accused of murder and framed a charge under Section 304 IPC; the High Court affirmed. The Supreme Court set both orders aside. At the stage of charge the court must not hold a mini trial. A post-mortem report is not substantive evidence, and whether the death was linked to the assault had to be decided on the oral evidence of the eyewitnesses and the doctor. Because the prosecution cannot lead evidence beyond the charge framed, the prudent course was to let it prove its original case.

Issues

  1. Whether the trial court, and the High Court in revision, were justified in discharging the accused of murder under Section 302 IPC and framing a charge under Section 304 IPC on the basis of the post-mortem report alone.

Provisions considered

Held

Result

Appeal allowed. The orders of the High Court and the trial court were set aside, and the trial court was directed to pass a fresh order framing charge in accordance with law, keeping in mind these observations.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 34.