Supreme Court of India

Jasvinder Saini & Ors. v. State (govt. of Nct of Delhi)

Neutral citation

Reported as [2013] 7 S.C.R. 340

Bench T.S. Thakur and Ranjana Prakash Desai JJ.

Decided 2 July 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we allow this appeal, set aside the order passed by the High Court and that passed by the trial Court framing the charge under Section 302 IPC and remit the matter back to the trial Court for a fresh order keeping in view the observations made above.

Judgment, page 12

From the headnote

CODE OF CRIMINAL PROCEDURE, 1973: 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- /PC etc. - Held: charge u/s 3048 /PC is not a substitute for a charge of murder 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

Where later benches applied it

2023 Ravi Dhingra v. The State of Haryana relied on
2020 Dr Nallapareddy Sridhar Reddy v. The State of Andhra Pradesh & Ors relied on
2015 Sher Singh @ Partapa v. State of Haryana referred to
2014 Vijay Pal Singh and Others v. State of Utiarakhand referred to
2014 C.B.I. v. Karimullah Osan Khan referred to

Of those, 2 relied on · 3 referred to

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