Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Criminal Procedure Code (V of 1898)

Section: 221,225

Penal Code (XLV of 1860)--- ----Ss. 302(b), 34---Criminal Procedure Code (V of 1898), Ss. 221, 225--- Qatl-i-amd, common intention--- Appreciation of evidence---Benefit of doubt---Defective charge---Remand for re-framing of charge---Allegation against accused was that they in furtherance of their common intention committed murder of three persons by firing---Motive behind the occurrence statedly was the love marriage of deceased male with the deceased female which irked the complainant and he had resorted to the murderous aggression---Record showed that during the incident son of complainant/deceased along with his newly wedded wife/deceased and his mother lost his life---Post-mortem examination of deceased son of complainant and the autopsy of deceased females was carried out on the same date---Charge in the case was twice framed firstly on 27.09.2016 which was to the extent of one accused and later on when three other perpetrators were arrested---On both the occasions, the accused were indicted only for the murder of female deceased, whereas on each occasion the name of male deceased was not included in the charge sheet---Thus, accused persons at no point of time were charged for the murder of male deceased and as a necessary corollary their conviction or even acquittal in no manner attracted the principle of autrefois convict or autrefois acquit---In the indictment by the Trial Court, the two accused were confronted only with the allegation of taking the lives of female deceased---Legally speaking, even if the fate of the matter in hand was decided on law and facts, still the accused persons could be charged and prosecuted for the murder of male deceased, more importantly when they were specifically named in the crime report with the allegation of active participation in the occurrence---However, it manifested that the error in the indictment of accused persons had given rise to a complex legal anomaly, thus for all practical purposes the defect in charge was material in nature and remand of the case to Trial Court was inevitable---Thus, the conviction and sentences of all the accused persons passed by the Trial Court were set-aside and the case was remanded…

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