Challan produced by police


Dear Sir, My Client lodged a FIR u/s 307  IPC. Investigation Officer find the offence u/c 307 IPC and he mentioned this in his Police diary as per MLR. but the accused challanged the MLR and a Board was constituted for examining the reports. The Board did not took  previous reports such as prescripttion, X-ray, Sonography in consideration and prepare the report in influnces of the accused.  The Challan u/s 308 IPC produced before the Megistrate.  My question is....
whether megistrate has power to covert sec 308 IPC in to 307 IPC. if yes.......plz cite some judgements.

 Thanks

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Mr.Mittal, 

 

The Magistrate at the stage of cognizance or charge framing would go by the Prosecution Material adduced. The dividing line between 307 and 308 is pretty thin, and depends upon the nature of injury mainly. If the nature of injury has been grossly underplayed in the Board report, you should have challenged the same. Now asserting the same before Magistrate would be of little consequence. As regards the power the Magistrate has the power to charge him for offences over and above what police does him for indeniably. 

 
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