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Judgment
K.N. Sinha, J.—This revision has been filed against the order dated 15-10-1985 passed by Additional Sessions Judge, Agra, in Session Trial No. 94 of 1984 framing the additional charge u/s 306 I. P. C.
The brief facts giving rise to the present revision are that revisionist and others were charge sheeted for the murder of Smt. Meera wife of accused Murari Lal. The Sessions Court framed charge u/s 302 IPC on 30-11-1984. However, later on the charge u/s 306 I. P. C. was also framed on October 15, 1985. It appears that both the charges stand together hence the learned counsel for the revisionist has submitted that it can either be a murder or the suicide. There is absolutely no evidence that deceased Smt. Meera was ever tortured.
I have perused the charges framed. It is also not clear as to why and under what circumstances the additional charge u/s 306 I. P. C. was also framed.
The offence u/s 306 IPC cannot be said to be a minor offence in relation to an offence u/s 302 IPC within the meaning of Section 222 Cr. P. C. Both the offences are of distinct and different categories. The basic constituent of an offence u/s 302 IPC is homicidal death whereas u/s 306 IPC it is suicidal death and abetment thereof. Thus, both the charges cannot go together, either the deceased had committed suicide or she was murdered. It was for the trial Court to have examined the evidence collected during the investigation then framed the charge.
In the result the revision is allowed and the order dated 15-10-1985 charging the revisionist u/s 306 IPC is set aside.
It is hereby directed that the trial Court shall examine whole of the evidence collected by the Investigating Officer during the investigation and on that basis it may amend or alter the charge but the charge should be specific.
The trial has become sufficiently old hence it is hereby directed that the concerned Court shall proceed to decide the matter expeditiously.