A charge sheet was filed by the Chandigarh police before the district court of Chandigarh, against the four-primeaccused in a murder case of Sonu Shah. Sonu shah alias raj veer shah a notorious criminal was killed and his two associates injured at a shootout in his office in broad daylight. The murder had taken place in Burail, Chandigarh, were in the four accused namely, Dharminder Singh, Manjit, Lawrence bishnoi and Shubham Prajapati, had broken into an office and opened fire, resulting in the death of Sonu Shah.
- A criminal conspiracy of murder to kill Sonu Shah.
- criminal conspiracy to kill sonu shah was led by bishnoi. Bisnoi was brought by the Chandigarh police from Bharatpur jail.
- Bishnoi had confessed before the police that he had hatched the conspiracy of killing shah and one of his gang member Raju Basoudiya.
- Prajapat and the other 2 accused had assistedBishnoi in the execution of the murder conspiracy.
- all the prime suspects were arrested and charge sheet was framed by the police.
- all the accused had now been summoned to be produced before the district court of Chandigarh on 23 Jan.
- the charges imposed against all the accused are section 302(murder), 307(attempt to murder) and 120-B (criminal conspiracy) of the Indian penal code.
Every charge under the code of criminal procedure, 1973 shall state the offence with which the accused is charged. The motive behind a charge is precisely and succinctly to let know the accused individual, the issue for which he is being charged. It is necessary to pass on to the accused absolutely clearly and with certainty what the prosecution has accused him of or what the prosecution has against him. The underlying principle of criminal law is based on the fact that it is the right of the accused to be informed about the exact nature of the charge levelled against him.
Under section 2(b) CrPc, 1973, ‘charge’ includes any head of charge when the charge contains more heads than one. Hence it can be interpreted that when a charge contains more than one heads, the head of charges is likewise a charge.
It is a necessary characteristic of charge to be precise in its scope and particular in its details.
In V.C. Shukla vs. State, Justice Desai opined that, ‘the purpose of framing a charge is to give intimation to the accused of clear, unambiguous and precise notice of the nature of the accusation that the accused is called upon to meet in the course of a trial’
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