Code of Criminal Procedure, 1973–Sec. 228–Omission to frame the charge u/s. 397–Remand of matter by High Court–Number of persons allegedly involved in the offence, as disclosed by the prosecution–Trial Court framed the charge u/ss. 302, 390, 392, 457 & 120-B with aid of Sec. 34–View of High Court that omission to frame the charge u/s. 397 has resulted in miscarriage of justice, is not convincing in the facts of the case–Appeal ought to be heard on merits–Impugned order of High Court set aside and appeal restored.
