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october 2006

Supreme Court of India · 2006-10-13

Ishwarchand Amichand Govadia & Ors vs State Of Maharashtra And Anr

Court
Supreme Court of India
Petitioner
Ishwarchand Amichand Govadia & Ors
Respondent
State Of Maharashtra And Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the alteration of charges under Section 304B IPC can be made at any stage, but must consider the admissibility of evidence, specifically the cause of death as per the death certificates. The Court found that the High Court erred in dismissing the application without considering the implications of the trial court's earlier decision regarding the acceptance of the subsequent death certificate. Consequently, the Supreme Court set aside the High Court's order and allowed the appeal, emphasizing the need for a proper examination of evidence before altering charges.

Ishwarchand Amichand Govadia & Ors vs State Of Maharashtra And Anr · Niyam