Important Point
In cases where the trial Court upon a consideration of broad probabilities of the case based upon total effect of the evidence and documents produced is satisfied that any addition or alteration of the charge is necessary, it is free to do so. The Court should not have acted in mechanically without adverting to the evidence adduced in the case.

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 the Additional Sessions Judge, Rohini, Delhi, who heard the matter for framing of charges and came to the conclusion that there was no evidence or material on record to justify framing of a charge under Section 302 IPC. Charges were accordingly framed against the appellants under Sections 498A, 304B read with Section 34 IPC.

5. At the trial the prosecution had examined as many as eighteen witnesses, when a two-Judges Bench of this Court passed an order on 22nd November 2010 in Rajibir @ Raju & Anr. v. State of Haryana AIR 2011 SC 568 by which this Court directed all trial Courts in India to add Section 302 in every case alleging commission of an offence punishable under Section 304B of the IPC. This direction, it appears, came because the Court felt strongly about the commission of heinous and barbaric crimes against women in the country.

6. In Rajbir’s case (supra) the appellant had been convicted under Section 304-B IPC and sentenced to imprisonment for life by the trial Court apart from offences under other sections. The High Court had, however, reduced the sentence to ten years rigorous imprisonment in so far as Rajbir was concerned and to two years rigorous imprisonment in the case of his mother Appellant No.2 in that case. This Court on a prima facie basis felt that the reduction in the sentence was not justified. Relying upon an earlier decision rendered in Satya Narayan Tiwari @ Jolly & Anr. v. State of U.P. (2010) 13 SCC 689, Criminal Appeal No.1168 of 2005 decided on 28th October, 2010 this Court issued notice to Rajbir to show cause why his sentence be not enhanced to life imprisonment as awarded by the trial Court.

7. It was in the above background, that this Court in para 11 of the interim order passed by it directed all the trial Courts in India to ordinarily add Section 302 to the charge under Section 304B “so that death sentences could be imposed in such heinous and barbaric crimes against women.” Para 11 may be extracted at this stage:

“We further direct all trial Courts in India to ordinarily add Section 302 to the charge of Section 304B, so that death sentences can be imposed in such heinous and barbaric crimes against women.”

8. In the case at hand the trial Court noticed the above direction and considering itself duty bound to abide by the same added a charge under Section 302 IPC to the one already framed against the appellant. While doing so, the trial Court simply placed reliance upon Section 216 of Cr.P.C. which empowers the Court to add or alter the charge at any stage and the direction of this Court in Rajbir’s case (supra). This is evident from the following passage from the order passed by the trial Court:

“… I have considered the submissions made before me. It is settled law that charges can be modified/amended at any