- (1.) HEARD the learned counsel for the appellants and the learned counsel for the State and perused the lower court record.
(2.) LEARNED counsel of the appellants has raised only one point for consideration for granting bail to the appellants. He has argued that although both the appellants along with others were charged under Sections 364A/34 and 387/34 I.P.C. but, after considering the evidence of the witnesses and materials on record, the trial court has convicted the appellants for the offence under Section 364/34 and under Section 387/34 I.P.C. Thus, without framing any charge under Section appellants cannot be convicted by the trial court for the offence committed under the said section. Mr. Kashyap the learned Sr. Counsel has cited a number of decisions to fortify his submission which are as follows: '' (i) 1955 S.C.A. Page -384 (389), Suraj V/s. State of U.P. (ii) (1955) 2 S.C.R. Page -1140: AIR 1956 SC 116: 1956 Cri.L.J. Page -291, Willie (William) Slaney V/s. State of Madhya Pradesh. (iii) 1956 S.C. Page 731 Chikkarange V/s. State of Mysore. (iv) A.I.R. 1959 (A.P.) Page -477, Bhupalli Malliah and Others. (v) 1993 CLCR Page 0255 -SC Subran @ Subramanium & Ors. V/s. State of Kerala.
(3.) NOW the question arises as to whether the offence under Section 364 I.P.C. can be considered as a minor offence in relation to the offence under Section 364A I.P. C. In this regard Section 222 of the Code of Criminal Procedure is worth to be quoted which reads as under: '' "(1) 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. (2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. (3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. Arun Choudhury Versus State Of Jharkhand (4) Nothing in this section shall be deemed to authorize a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied." ;