FILING OF CHARGE-SHEET

The charge-sheet is filed when the investigation has been completed. After filing the charge-sheet in the Court, the court go through the facts of the case and then takes cognizance of the offences mentioned in the charge-sheet. The court can also take cognizance of the additional offence which may not be mentioned in the charge-sheet.

Then the arguments on charge are heard in the court. The accused argues that there is no ground for him to be charged and prays for his discharge. The prosecution argues on the charges and provide reason why the accused must go through trial for a particular offence. The court then either discharges the accused through a reasoned order or frames charges against the accused.

The accused is then explained the charges charged on him to which he may plead guilty or claim to tried. If the accused pleads guilty, a judgement can be pronounced by the court. If the accused claims to be tried the trial begins. Prosecution conducts examination-in-chief of all its witnesses who are then cross-examined by the accused. The said witnesses could even be re-examined by the Prosecution if something new comes up during their cross-examination.

Then the prosecution evidence are completed and the examination of the accused takes place. Then the questions are put to the accused based on the entire prosecution evidence and the accused is also allowed to produce his evidence by way of defense evidence. Then the witnesses of the accused are examined in-chief and then they are cross examined by the prosecutor. They may also be re-examined if something new comes up during their cross-examination.

Then the final arguments are heard from both the parties and a date is fixed for the pronouncement of the judgement. The accused may be acquitted or convicted on the day of the judgement.  Upon acquittal of the accused, the trial comes to an end and all sureties etc. are discharged. Upon conviction of the accused, arguments on quantum of sentence are heard and finally the sentence is pronounced and the trial comes to an end. Both the orders, of acquittal and conviction can be challenged in a higher court.

SUPPLEMENTARY CHARGE-SHEET

However, in some circumstances, the police may file supplementary charge-sheet. Supplementary chargesheet is filed when any of the accused persons spills the beans during investigation and reveals the names of other conspirators/attributors to the offence committed. Recently a supplementary charge-sheet has been filed in sensational Jaswinder Sidhu alias Jassi murder case, The facts of the case are:-

• The police have submitted a supplementary charge sheet before a Malerkotla court in the present case.
• Sangrur senior superintendent of police said the supplementary charge sheet was filed in the court of judicial magistrate (first class) at Malerkotla after probing all old evidences.
• In January, Canada had extradited Malkiat Kaur Sidhu and Surjit Singh Badesha, the accused, in the 2000 murder case.
• A case was registered against them under sections 302 (murder), 307 (attempt to murder), 120-B (conspiracy) and other sections of the IPC at Amargarh police station as the crime took place near Narike village of Sangrur.
• They are currently lodged in Sangrur district jail.
• Amargarh deputy superintendent of police (DSP) said that the court had fixed a next date of hearing.
• The DSP said that they have strong evidences which have been crosschecked. After the submission of supplementary charge sheet, the case is likely to be shifted to the sessions court at Sangrur.

This post is written by Dipti Prakash of Punjab University (2020 batch). For more info on subject, please dial 99888-17966.