FIRST LAW

Criminal P.C. 1973 - S. 228 -  Framing of Charge -  While framing charge, the trial Court in exercise of the power under section 228 Cr.P.C., has to form an opinion judicially for its  prima facie  satisfaction on the basis of the material available on record that there is a ground for  presuming  that the accused has committed an offence and is not expected to critically evaluate the material/evidence placed on record by the prosecution.

So far as the offence punishable under Section 149 of IPC making a member of unlawful assembly guilty of offence committed in prosecution of common object is concerned, three ingredients are required to be satisfied - 

Evidence Act, 1872 - Ss. 27 & 65B - Penal Code, 1860 - Ss.  120B,  147, 148,   149,  302 & 506B -  Electronic Evidence -  CCTV footages from Hard Disk, CD and DVD -  Significant aspects to be noted in respect of electronic evidence produced -  I dentification of Accused -  U nlawful Assembly - Criminal Conspiracy  -  Chain of the facts and circumstances established.