ANJANI KUMAR CHAUDHARY versus STATE OF BIHAR AND ANOTHER

ANJANI KUMAR CHAUDHARY versus STATE OF BIHAR AND ANOTHER

FIR and witness statements prima facie indicate the ingredients of Section 307 IPC are made out; the order of discharge under Section 307 and 386 IPC by Sessions Court, as affirmed by the High Court, is set aside.

Parties
Appellant: Anjani Kumar Chaudhary; Respondents: State of Bihar and Another
Jurisdiction
India
Judgment Date
23 April 2014
Procedural Posture
Criminal Appeal / Appeal by Special Leave
Outcome
Appeal allowed; judgments of Sessions Court and High Court set aside.
Legal Topics
Discharge, Framing of Charges, Attempt to Murder, Section 307 IPC
Criminal Law Discharge Framing of Charges Attempt to Murder Section 307 IPC

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Parties

Anjani Kumar Chaudhary

Appellant

State of Bihar and Another

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether ingredients of Section 307 IPC are made out from the FIR and witness statements for framing charges.
  2. 2 Whether the discharge under Sections 307 and 386 IPC was justified.

Ratio Decidendi

FIR and witness statements prima facie indicate the ingredients of Section 307 IPC are made out; the order of discharge under Section 307 and 386 IPC by Sessions Court, as affirmed by the High Court, is set aside.

Court Disposition

Appeal allowed; judgments of Sessions Court and High Court set aside.

Orders

  • Order of Sessions Court as affirmed by High Court is set aside.
  • Case remanded for trial including charges under Section 307 IPC.