Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | alteration of charges |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973:s. 216 - Court's power to alter charge - Trial courtsubsequent to order in Rajbir's case, adding charge for offence punishable u/s 302 to that already framed for offences punishable u/ss 304-8 and 498-A IPC etc. - Held: A charge u/s 3048 IPC is not a substitute for a charge of murder punishable u/s 302 - Ingredients constituting the two offences are different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients - If there is evidence direct or circumstantial to prima facie support a charge u/s 302 IPC, trial court can and indeed ought to frame such a charge, which would then be the main charge and not an alternative charge as is erroneously assumed in some quarters -Order in Rajbir's case, explained - In the instant case, trial court acted mechanically, for it framed an additional charge u/s 302 IPC without adverting to evidence adduced in the case and simply on the basis of direction issued in Rajbir's case - Order passed by High Court and that passed by the trial court framing the charge u/s 302 IPC are set aside and the matter is remitted to trial court for a fresh order keeping in view the observations made in the judgment. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 412 |
Petitioner | Jasvinder Saini & Ors. |
Respondent | State (govt. Of Nct Of Delhi) |
SCR | [2013] 7 S.C.R. 340 |
Judgement Date | 2013-07-02 |
Case Number | 819 |
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