KASHMIRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and the learned counsel for the State and perused the lower court record.

(2.) LEARNED counsel of the appellants has raised only one point for consideration for granting bail to the appellants. He has argued that although both the appellants along with others were charged under Sections 364A/34 and 387/34 I.P.C. but, after considering the evidence of the witnesses and materials on record, the trial court has convicted the appellants for the offence under Section 364/34 and under Section 387/34 I.P.C. Thus, without framing any charge under Section appellants cannot be convicted by the trial court for the offence committed under the said section.

(3.) NOW the question arises as to whether the offence under Section 364 I.P.C. can be considered as a minor offence in relation to the offence under Section 364A I.P. C. In this regard Section 222 of the Code of Criminal Procedure is worth to be quoted which reads as under: ''