Supreme Court of India · 2013-08-29
GULAB CHAND vs PRADEEP KR.DEHALWAL
- Citation / case number
- SC 2012/3672
- Court
- Supreme Court of India
- Petitioner
- GULAB CHAND
- Respondent
- PRADEEP KR.DEHALWAL
- Author
- H.L. DATTU,SUDHANSU JYOTI MUKHOPADHAYA,M.Y. EQBAL
- 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's application to include Pradeep Dehalwal as an accused in the murder case under Section 302 IPC read with Section 34 IPC. The Court emphasized that the evidence presented by the prosecution witnesses sufficiently indicated Dehalwal's involvement in the crime, thereby establishing a common intention to commit murder. The Supreme Court reinstated the Trial Court's order, allowing the trial against Dehalwal to proceed.