Supreme Court · 2013 INSC 412 · Decided 2 July 2013
Jasvinder Saini & ORS. v. State (GOVT. of NCT of Delhi)
- Court
- Supreme Court of India
- Citation
- 2013 INSC 412 · [2013] 7 S.C.R. 340
- Case number
- CRIMINAL APPEAL No. 819/2013
- Decided
- 2 July 2013
- Bench
- T.S. THAKUR, RANJANA PRAKASH DESAI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 302; CrPC Section 216
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: C s. 216 - Court's power to alter charge - Trial court subsequent to order in Rajbir's case, adding charge for offence punishable uls 302 to that already framed for offences punishable u/ss 304-8 and 498-A /PC etc. - Held: A charge u/s 3048 /PC is not a substitute D punishable uls 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 /PC, trial court can and indeed
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