Kanooni charcha: Supreme Court Charge of Murder u/s 302 IPC would have framed & not of Culpable Homicide u/s 304 IPC

Kanooni charcha by Rtd Judge Subash Gupta with Sh Pawan Khajuria Rtd Joint director Prosecution, Advocate Ms Jyoti Sharma , Advocate Ms Aparajita Sharma & Advocate Sh Anuj Sadotra

#DeCodification of Judgement of Supreme Court of India dated 26th July 2022 in case titled Ghulam Hassan Beigh Vs Mohd Maqbool Magrey

TrialCourt framed charges for offence u/s 304 I PC , instead of u/s 302 I P C #Revision filed before #Hon’ble High Court of J& K & Ladakh was dismissed # Original Complaint of the case approached at the Hon’ble Supreme Court of India against both these Orders

#Held post mortem report relied upon for conversion of #offence u/ s #302 I P C to Section 304 IPC

#Section 304 I P C by itself cannot constitute substantive piece of evidence but is based on the opinion of the Doctor.

Opinion of the doctor -#Death Caused as a result of #Cardio Respiratory failure has no nexus with the incident in question # Ocular as well as medical evidence which would be led during the course of trial would be considered & appreciated in order to find out the #nexus between the causing of alleged assault to the deceased & occurring of his death