Supreme Court of India · 2013-08-29
Gulab Chand vs Pradeep Kr.Dehalwal And Anr
- Citation / case number
- AIR 2014 SC (CRIMINAL) 337
- Court
- Supreme Court of India
- Petitioner
- Gulab Chand
- Respondent
- Pradeep Kr.Dehalwal And Anr
- Bench
- H.L. Dattu, Sudhansu Jyoti Mukhopadhaya, M.Y. Eqbal
Judgment text excerpt
The Supreme Court held that the High Court erred in setting aside the Trial Court's order under Section 319 of the Code of Criminal Procedure, 1973, which allowed the prosecution to include Pradeep Dehalwal as an accused in the murder of Nitesh under Section 302 IPC. The Court emphasized that the Trial Court had sufficient evidence, including witness testimonies indicating a common intention to commit murder, to justify the inclusion of Dehalwal in the trial. Consequently, the Supreme Court reinstated the Trial Court's order, allowing the prosecution to proceed against all accused.