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2019 (7) TMI 1546 - SC - Indian LawsFraming of Charge - Murder - offences punishable Under Section 302 read with Section 34 Indian Penal Code - one person(accused) being the pillion rider of the motorcycle hacked Rudresh with a sharp edged and lethal machete on the right side of his neck and fled. HELD THAT:- It is settled that the Judge while considering the question of framing charge Under Section 227 Code of Criminal Procedure in sessions cases(which is akin to Section 239 Code of Criminal Procedure pertaining to warrant cases) has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the Accused has been made out; where the material placed before the Court discloses grave suspicion against the Accused which has not been properly explained, the Court will be fully justified in framing the charge; by and large if two views are possible and one of them giving rise to suspicion only, as distinguished from grave suspicion against the accused, the trial Judge will be justified in discharging him - It is thus clear that while examining the discharge application filed Under Section 227 Code of Criminal Procedure, it is expected from the trial Judge to exercise its judicial mind to determine as to whether a case for trial has been made out or not. It is true that in such proceedings, the Court is not supposed to hold a mini trial by marshalling the evidence on record. There are no error in the judgment passed by the trial Court and confirmed by the High Court by the impugned judgment dated 22nd November, 2018 which calls for our interference - appeal dismissed.
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