(Querist) 28 September 2017
This query is : Resolved
if session court put charge against the accused 304B/34 , 498A/34 and another charge of 302/34 as alternative charge on accused . under which charge trial will proceed. 304 or 302 . because punishment in both charges are different ,
is it suitable to file revision for the order in High court.
221. Where it is doubtful what offence has been committed. - (1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.
(2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of Sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it. Please refer the case of Vineet Suri Vs, State by Delhi Highcourt(2014)