Attempt to murder converted in murder after 9 years
anuz doda
(Querist) 04 July 2011
This query is : Resolved
"A" was attempt to murder in 2000 , challan was filed against accused u/s 307 and accused was convicted 10 yrs RI in 2002. Appeal pending in High Court . Now in the year 2009 deceased was died due to that old injury (307 case) , he was under treatment for that injury till his death . Can a new FIR u/s 302 be filed against accused or a fresh trial may be conducted against him . Please suggest with rulings. Thanks .
Ajay Bansal
(Expert) 05 July 2011
An application u/s 216 Cr.P.C. for amending charge can be filed in Appeal, pending in High Court.However no freash F.I.R. can be registered in view of section 362 Cr.P.C.
dev kapoor
(Expert) 05 July 2011
Accused was convicted & sentenced u/s.307 in 2002 for which appeal is pending.The injured died in 2009 DUE TO OLD INJURY.The case cannot be converted to one u/s.302 though the deceased died DUE TO OLD INJURY,as it has been proved the case was only an "ATTEMPT TO MURDER".Requirement of S.307 & 302 are totally different.DEATH is not the only consequence for 302.
SAANJAAY GUPTAA
(Expert) 06 July 2011
yes i agree with the view of dev kapoor as the ingredients of the sections are different and after judgement of the case you can not ask for the alteration of the section of the case due to death of the victim.
anuz doda
(Querist) 06 July 2011
Respected sir , please see section 300(3) Cr P C and also its illustration B . Please guide me .
