Penal Code, 1860–Secs. 34/120-B–Framing of charge-Proper Section–Petitioner was not present at the place of the incident–No evidence to show that he acted in furtherance of common intention at the place of occurrence or any overact was done by him–However, from the statements u/s. 161 and call details between the accused, he conspired with other co-accused in commission of offence–Charge should be framed u/ss. 341, 323, 324, 326, 307 & 120-B instead of Secs. 323, 324, 325, 326 & 307 r/w. Sec. 34.
