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2013 Supreme(SC) 572

T.S.THAKUR, RANJANA PRAKASH DESAI
Jasvinder Saini – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Judgment :-

T.S. Thakur, J.

1. Leave granted.

2. The short question that falls for consideration in this appeal by special leave is whether the trial Court was justified in framing a charge under Section 302 of the IPC against the appellants and whether the High Court was justified in affirming that order of the trial Court and dismissing the writ petition filed by the writ petitioners against the same. The question arises in the following background.

3. FIR No. 765/2007 was registered against the appellants alleging commission of offences punishable under Sections 498A, 304-B, 406 and 34 of IPC in connection with the demise in unnatural circumstances of Ms. Chandni wife of appellant No.1-Mr. Jasvinder Saini. The case was registered on a complaint filed Ajay Gautam, father of the deceased. The matter was investigated and a charge sheet filed before the Jurisdictional Magistrate alleging commission of offences mentioned above against the appellants 1 to 4. A supplementary charge sheet followed in which appellants 5 to 8 were also implicated in the case to which Section 302 was also added by the Investigating Officer.

4. The case was soon committed to the Sessions and assigned to th






















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