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november 2006

Supreme Court of India · 2006-11-24

SASI THOMAS vs STATE .

Citation / case number
SC 2006/6580
Court
Supreme Court of India
Petitioner
SASI THOMAS
Respondent
STATE .
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court held that the High Court's dismissal of the appellant's application for further investigation under Section 482 of the Code of Criminal Procedure was incorrect. The Court emphasized that the trial court has the authority to alter charges under Section 216 of the Cr.P.C. if new evidence arises, and that the investigation should consider the possibility of a murder charge under Section 302 IPC, given the evidence of poisoning. The Court directed that further investigation be conducted to ascertain the circumstances surrounding the death of Achamma, thereby allowing the appeal.

SASI THOMAS vs STATE . · Niyam