Supreme Court of India · 2008-10-23
Indu Jain vs State Of M.P & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 976
- Court
- Supreme Court of India
- Petitioner
- Indu Jain
- Respondent
- State Of M.P & Ors
- Author
- Altamas Kabir
- Bench
- Altamas Kabir, Markandey Katju
Judgment text excerpt
The Supreme Court held that the Madhya Pradesh High Court erred in setting aside the charge under Section 304 Part II IPC and substituting it with Section 323/34 IPC. The Court emphasized that the evidence presented warranted a charge of culpable homicide not amounting to murder under Section 304 IPC, given the circumstances surrounding the death of the accused. The Supreme Court reinstated the original charges framed by the Sessions Judge, thereby allowing the appeals filed by the widow of the deceased and the State of Madhya Pradesh.