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2006 Supreme(SC) 948

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
Ishwarchand Amichand Govadia – Appellant
Versus
State Of Maharashtra – Respondent


Judgement Key Points

What is the proper procedure for deferring the framing of a charge under Section 304B IPC until after examination of the doctor and considering subsequent death certificates? What are the appropriate considerations for altering a charge during trial when additional death-certificate evidence is introduced? What is the appropriate judicial approach when there are conflicting death certificates and chemical findings in viscera in a case under sections 306/498A IPC?

What is the proper procedure for deferring the framing of a charge under Section 304B IPC until after examination of the doctor and considering subsequent death certificates?

What are the appropriate considerations for altering a charge during trial when additional death-certificate evidence is introduced?

What is the appropriate judicial approach when there are conflicting death certificates and chemical findings in viscera in a case under sections 306/498A IPC?


JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Appellants call in question legality of the judgment rendered by a learned Single Judge of the Bombay High Court dismissing the Criminal Writ Petition no. 1770/2004 filed under Article 227 of the Constitution of India, 1950 (in short the Constitution).

3. Background facts in a nutshell are as follows:

Appellants are facing trial for alleged commission of offences punishable under Sections 306, 498A read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). The case of the prosecution is that Sharmila, daughter of the complainant was married to appellant no.3 and appellant nos. 1, 2 and 4 are her father-in-law, brother-in-law and mother-in-law respectively. The Sessions Case No. 3791 of 2003 is pending trial in the Court of IV Additional Sessions Judge, Thane. An application was filed before the Trial Court by the complainant through the prosecuting counsel for producing the death certificate dated 10.4.2004 indicating cause of death as certified by Dr. R.M. Dhotre. The accused persons opposed acceptance of the document as evidence on the ground that along with police papers a certificate of death, dated 18.5.2000 by Dr. R.M. Dh








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