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AIR 2014 SUPREME COURT 841
::2013 AIR SCW 6027
Supreme Court Of India
(From : Delhi)
Hon'ble Judge(s):
T. S. Thakur,
Ranjana Desai
, JJ
Penal Code (45 of 1860) , S.304B, S.302— Criminal P.C. (2 of 1974) , S.216— Dowry death - Addition/alteration of charge under S. 302 - Supreme Court in Rajbir's case (AIR 2011 SC 568) directed all trial Courts to ordinarily add S. 302 to charge under S. 304B - Trial Court simply on basis of said directions framed additional charge under S. 302 without adverting to evidence adduced in a case - Such framing of additional charge unjustified - Matter remitted to trial Court to reconsider whether charge under S. 302 be framed. Supreme Court in Rajbir's Case (AIR 2011 SC 568) had directed the addition of a charge under Section 302, IPC to every case in which the accused are charged with Section 304-B. That was not, the true purport of the order passed by Supreme Court. The direction was not meant to be followed mechanically and without due regard to the nature of the evidence available in the case. All that Supreme Court meant to say was that in a case where a charge alleging dowry death is framed, a charge under Section 302 can also be framed if the evidence otherwise permits. No other meaning could be deduced from the order of this Court. It is common ground that a charge under Section 304B, IPC is not a substitute for a charge of murder punishable under Section 302. As in the case of murder in every case under Section 304B also there is a death involved. The qu....
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