Supreme Court of India · 2011-09-13
Santosh Kumari vs State Of J & K & Ors
- Citation / case number
- AIR 2011 SUPREME COURT 3402
- Court
- Supreme Court of India
- Petitioner
- Santosh Kumari
- Respondent
- State Of J & K & Ors
- Author
- J.M. Panchal
- Bench
- H.L. Gokhale, J.M. Panchal
Judgment text excerpt
The Supreme Court addressed the appeals concerning the murder of Surinder Singh, where the High Court had set aside the framing of charges under Sections 302, 109, 147, 148, and 149 of the Ranbir Penal Code. The Court emphasized that the framing of charges is a crucial stage in criminal proceedings and must be based on sufficient evidence. The Court upheld the trial court's decision to frame charges, thereby reinstating the charges against the accused, and clarified the procedural requirements under the Code of Criminal Procedure, 1989 applicable in Jammu and Kashmir.