Jasvinder Saini & Ors vs State(Govt.Of Nct Of Delhi) on 2 July, 2013
In Jasvinder Saini v. State (NCT of Delhi) [Jasvinder
Saini v. State (NCT of Delhi), (2013) 7 SCC 256: (2013) 3 SCC
(Cri) 295], this Court dealt with the question whether the trial
court was justified in adding a charge under Section 302 IPC
against the accused persons who were charged under Section
304-B IPC. T.S. Thakur, J. (as he then was) speaking for the
Court, held thus : (SCC pp. 260-61, para 11)
"11. A plain reading of the above would show
that the court's power to alter or add any charge is
unrestrained provided such addition and/or
alteration is made before the judgment is
pronounced. Sub-sections (2) to (5) of Section 216
deal with the procedure to be followed once the court
decides to alter or add any charge. Section 217 of
the Code deals with the recall of witnesses when the
charge is altered or added by the court after
commencement of the trial.