SOLANKI BABULAL ATMARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPLICANTS have prayed to quashed and set aside the judgment and order dated 30.07.2013 by 3rd Additional District Judge, Kalol below Exhibit 8 in Sessions Case No. 8 of 2013.

(2.) BY such application, the applicants, being original accused have prayed the Sessions Court to discharge them from Criminal Case No. 2884 of 2012 which was initiated against them pursuant to Kalol City Police Station II ­ C.R. No. 317 of 2012 under Sections 506(II) and 114 of the Indian Penal Code. However by an order dated 02.03.2013 allegations under Section 306 of the Indian Penal Code was added because victim of the accident died pending investigation and trial and therefore considering his dying declaration before the Executive Magistrate, Section 306 was added even after framing of charge against the applicants under Sections 506(II) and 114 of the Indian Penal Code. Thereupon the case was committed before the Sessions Court and numbered as Sessions Case No. 8 of 2013.

(3.) ON perusal of available record and after hearing both the parties it becomes clear that practically there is no substance in the application in as much as the law relating to framing of charge and discharge of accused without trial is now well settled, which confirms that at such stage entire evidence is not to be evaluated so as to arrive at particular decision that, whether there is possibility of conviction or not. The only requirement is existence of prima -facie evidence so as to confirm particular offence and connection of accused with such offence.