AIR 1960 ORISSA 168 ::ILR (1960) Cut 65

Orissa High Court

Hon'ble Judge(s): J. K. Misra , J

Criminal P.C. (5 of 1898) , S.255, S.232, S.535, S.537(b)— Complaint u/S.427 and u/S.447 IPC - Charge framed Only u/S.427 - Conviction u/S.447 - No failure of justice - Trial is not vitiated. On a complaint under Ss. 427 and 447 I.P.C., the Magistrate framed a charge only under S. 427 and no separate charge under S. 447 was framed. In the examination of the accused they had been asked to answer, not only to an offence under section 427, I.P.C., but also to an offence under Section 447, I.P.C. Evidence was led by both parties in respect of both the offences and the accused did cross-examine the witnesses on the complainant's side regarding the question of possession by one party or the other. The petitioners were also being defended by lawyers. In delivering the judgment the Magistrate proceeded as if a charge under S. 447 was also framed. The accused were acquitted under S. 427 but were convicted under S. 447 I.P.C. Held that the non-framing of a charge under Section 447, I.P.C. of which the accused were convicted, had occasioned no failure of justice. An offence under section 447 I.P.C., tried independently, requires no framing of a charge, and a charge is only necessary to be framed for such an offence because it was being tried with another offence triable as a warrant case.(Para 4) .....