GYANCHAND JAIN Vs. STATE OF MADHYA PRDESH

JUDGEMENT

(1.) While framing charge, the trial Court in exercise of the power under section 228 Cr.P.C., has to form an opinion judicially for its prima facie satisfaction on the basis of the material available on record that there is a ground for presuming that the accused has committed an offence and is not expected to critically evaluate the material/evidence placed on record by the prosecution.

(2.) To constitute an offence under section 307 IPC, it is not necessary that injury, capable of causing death, should have been inflicted, but the guilty intention or knowledge with which the act was done. The intention and the knowledge are the matters of inference from totality of circumstances available in a given case.

(3.) Section 27 of the Act makes that part of the statement which is distinctly related to the discovery admissible as a whole, whether it be in the nature of confession or not.