BHAWNA BAI versus GHANSHYAM AND OTHERS

Citation: [2019] 14 S.C.R. 422 · Decided: 03-12-2019 · Supreme Court of India · Bench: R. BANUMATHI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 14 S.C.R.
BHAWNA BAI
v.
GHANSHYAM AND OTHERS
(Criminal Appeal No. 1820 of 2019)
DECEMBER 03, 2019
 [R. BANUMATHI,  A .S. BOPANNA AND
HRISHIKESH ROY, JJ.]
Code of Criminal Procedure, 1973: ss.228 – Framing of
charges – Standard of proof – Held: At the stage of framing the
charge, the court has to see if there is sufficient ground for
proceeding against the accused – While evaluating the materials,
strict standard of proof is not required; only prima facie case against
the accused is to be seen.
Code of Criminal Procedure, 1973: ss.228 – Charges framed
against accused-respondent under s.302 r/w s.34 IPC – Prosecution
case was that dead body of the husband of the appellant-complainant
was found in the field of first respondent – When the appellant
came to know, she went running towards her husband’s dead body,
but the son of first respondent caught hold of her and forcibly locked
her in a room in his house and did not allow her to go near the
dead body of her husband – The allegations in the charge sheet
suggested that the accused-respondents had earlier quarrelled with
deceased thereby suggesting a motive for the crime – Though, the
body of deceased was found in the field of first respondent-accused,
he did not inform the family of deceased nor informed the police
about the same – Trial court framed charges under s.302 r/w s.34
IPC against the accused-respondents – Accused-respondents filed
revision – High Court quashed the charges – Aggrieved complainant
filed instant appeal – Held: As per s.226, the public prosecutor is
required to open the case before the Sessions Court by describing
the charge brought against the accused and stating by what evidence,
he proposes to prove the guilt of the accused – In this case, upon
hearing the parties and considering the allegations in the charge
sheet, the Sessions Judge was of the opinion that there were sufficient
grounds for presuming that the accused committed the offence
 [2019] 14 S.C.R. 422
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punishable under s.302 IPC r/w s.34 IPC – For framing the charges
under s.228, the judge was not required to record detailed reasons
– High Court was not right in interfering with the order of the trial
court framing the charges against accused-respondents – Impugned
order is set aside – Trial case is restored – Penal Code, 1860 –
s.302 r/w s.34.
Allowing the appeal, the Court
HELD: 1. As per the allegations in the charge sheet, on
the date of occurrence, the accused-respondents went with
deceased to the farm of first respondent for ploughing the land
with tractor and that all the three consumed liquor together at
the place of incident. Thus, as per the allegations in the charge
sheet, the deceased was last seen alive in the company of accused-
respondent Nos.1 and 2. Though, the body of deceased was found
in the field of first respondent-accused, he did not inform the
family of deceased nor informed the police about the same. The
allegations in the charge sheet suggested that accused-
respondent Nos. 1 and 2 had earlier quarrelled with deceased
and thereby suggesting a motive for the crime. [Para 11]
[427-E-H]
2. Though the circumstances alleged in the charge sheet
are to be established during the trial by adducing the evidence,
the allegations in the charge sheet show a prima facie case against
the accused-respondent Nos.1 and 2. The circumstances alleged
by the prosecution indicate that there are sufficient grounds for
proceedings against the accused. At the stage of framing the
charge, the court has to see if there is sufficient ground for
proceeding against the accused. While evaluating the materials,
strict standard of proof is not required; only prima facie case
against the accused is to be seen. [Para 12][428-A-B]
3. As per Section 226 Cr.P.C., the public prosecutor is
required to open the case before the Sessions Court by describing
the charge brought against the accused and stating by what
evidence, he proposes to prove the guilt of the accused. For
framing the charges under Section 228 Crl.P.C., the judge is not
required to record detailed reasons. At the stage of framing the
BHAWNA BAI v. GHANSHYAM AND OTHERS
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SUPREME COURT REPORTS
[2019] 14 S.C.R.
charge, the court is not required to hold an elaborate enquiry;
only prima facie case is to be seen. Upon hearing the parties and
based upon the allegations and taking note of the allegations in
the charge sheet, the Sessions Judge was sati

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