Vineet @ Chottu vs State Of UP - Ss 302, 304 IPC

Indian Penal Code 1860 - Section 302,304 - Trial Court framed charge in the first instance for the offence of culpable homicide not amounting to murder even when charge sheet is filed for the offence of murder - While dismissing SLP, SC observed: how can the Trial Court frame charge for the offence U/s 304IPC. It seems the trial court was oblivious of Section 105 of the Evidence Act.