(Guest)

Trial of 307??

hi everyone..one of my friend had quarrled with his brother because of some property issue..one day his brother attacked my friend with sword(talvar)..his intention was to shot on the neck(ie. intention to kill) but fortunately my friend escaped by raising his right hand and shot is on his right arm and he was heavily bleeded and admitted to hospital..the sword is under police custody..police initially registered case under section 307 and some other sections in F.I.R...During submission of chargesheet police deleted section 307...medical report was shown as "simple injury"..now the trial is going in lower court which has no authority to trial 307...My friend appealed the said trial to session court for trial under 307 (alteration of charge) but session court order was to examine the witness and leving of charge under 307 is left on wisdom of lower court judge...now my query is to what to do about alteration of charge done by police???how to establish the proof that the crime is done under section 307?? and what next steps i have to go through....pls help me out...now case is in witness stage..

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12 Replies

abhisheksinghadvocate (advocate at lucknow) 03 January 2015

Your case falls in section 326 IPC. KINDLY HAVE SECTION 326 IPC. And this section provides sentence for imprisonment of life, or 10 year and fine. i think you should be satisfied.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 January 2015

the matter must be at the investigation stage, the police will investigate the matter thoroughly but in case some lapse is made then such documents can be considered at the time of framing of charges.

in criminal cases the burden is upon the prosecution to prove the case beyond reasonable doubt.

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Jai Karan Nagwan (consultant) 03 January 2015

I doubt that court will frame charge u/s 307 or 326, since there is no gracious hurt. Probably conviction can happen u/s 324

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(Guest)

thank u all...trial is undergoing since from 6 years...

adv.raghavan (Advocate,9444674980) 05 January 2015

If the query is still open you can file petition under 216 crpc for adding charges, if you feel the police do have sufficient and necessary evidence to prove section 307 ipc.

(Guest)

sir my friend had given witness...(mean his witness was examined..)....now court is asking to present

i-witnesses so that judge can determine whether the case falls under 307 or not....my querry is instead of sword is in custody,case was filed under 307 in FIR,deletion of charge 307 in chargesheet,is the lower court has jurisdiction to trial???and what if 2 out of 5 i-witnesses are not ready to give witness because of pressure from accused side..???

adv.raghavan (Advocate,9444674980) 05 January 2015

Till the case gets committed to sessions it is up to trial court magistrate to entertain petition filed for adding charges. for 307 case will be tried in sessions, but for ipc 323 or 324 it will be tried by any magistrate.

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(Guest)

ok raghavan sir got that...now what if 2 out of 5 i-witness dont want to give witness(they became neutral) because of pressure from accused side???

adv.raghavan (Advocate,9444674980) 05 January 2015

If the same happens the court will presume police report is correct and yours is wrong, and will carry on with the case. Nothing more to add, i wish you all the best.

1 Like

Jai Karan Nagwan (consultant) 05 January 2015

No chance of trial u/s 326 even unless it is on record that your friend was admitted in hospital atleast for 20 days, due to that injury. Number of witness is not important, it's the credibility of witness which is important.