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january 2024

Supreme Court of India · 2024-01-18

Ramalingam vs N. Viswanathan

Court
Supreme Court of India
Petitioner
Ramalingam
Respondent
N. Viswanathan
Author
Abhay S. Oka
Bench
Abhay S. Oka

Judgment text excerpt

The Supreme Court upheld the order of the High Court remanding the case for trial, emphasizing that the discharge under Section 227 of the Code of Criminal Procedure, 1973, was not warranted given the allegations of murder under Section 302 IPC. The Court noted that the post-mortem report indicated no ante-mortem injuries, but the circumstances surrounding the death warranted further examination in a trial. The Court held that the evidence presented by the respondent's father, despite the final report suggesting natural causes, was sufficient to proceed with the trial.

Ramalingam vs N. Viswanathan · Niyam