Code of Criminal Procedure, 1973–Secs. 227 & 228–Penal Code, 1860–Secs. 302/304–Trial Court took into consideration the medical evidence and proceeded to frame the charge u/s. 304–It was persuaded with the fact that the cause of death was the cardiorespiratory failure–Same cannot be said to be having nexus with the alleged assault that was laid on the deceased –Post mortem report itself is not substantive evidence unless the doctor’s statements are recorded in the Court–It can be used to corroborate his statement u/s. 157 or to refresh his memory u/s. 159 or to contradict his statement in the witness box u/s. 145 of the Evidence Act–it was to early to frame the charge u/s. 304–Prosecution would lead the evidence only in accordance with the charge framed by the trial Court–Impugned orders set aside and directed for passing a fresh order of framing the charge.
