Question

"If an accused is charged of a major offence but is not found guilty thereunder, he can be convicted of minor offence, if the facts established indicate that such minor offence has been committed." It was so upheld in which case

• A. Sangarabonia Sreenu vs. State of Andhra Pradesh
• B. State of Himachal Pradesh vs. Tara Dutta
• C. Shamsher Singh vs. State of Punjab
• D. Nalini vs. State of Tamilnadu,

Hint:

Remember Section 222 CrPC as the "lesser included offence" rule. The key test is whether the accused had notice of the ingredients of the minor offence from the charge framed for the major offence, ensuring no prejudice is caused to the defence.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question refers to a principle codified in Section 222 of the CrPC. This section allows for the conviction of an accused for a minor offence even if they were charged with a major offence, provided the evidence on record proves the commission of the minor offence. This principle prevents the failure of justice on technical grounds. The question asks for a Supreme Court case that has upheld and explained this principle.
Step 2: Detailed Explanation:
The legal principle is based on Section 222(1) CrPC, which states: "When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it." The Supreme Court has interpreted and applied this section in several cases. In the case of Sangarabonia Sreenu vs. State of Andhra Pradesh, (1997) 4 SCC 314, the court extensively discussed this principle. It held that if an accused is charged with a major offence, he can be convicted of a minor one, which is a component of the major offence. For example, a person charged with murder (S.302 IPC) can be convicted of culpable homicide not amounting to murder (S.304 IPC) or even grievous hurt (S.325 IPC) if the evidence supports it, as the accused had notice of the facts constituting the minor offence.
Step 3: Final Answer:
The principle was upheld and elaborated upon in the case of Sangarabonia Sreenu vs. State of Andhra Pradesh.