High Court of DelhiCRL.REV.P./790/2015

State (Govt Of NCT Of Delhi) v. Dhananjay Singh

2016-07-19Hon'Ble Mr. Justice P.S.Teji2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 790/2015 STATE (GOVT OF NCT OF DELHI) ..... Petitioner Through:

Mr.Amit Chadha, APP.

versus DHANANJAY SINGH ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 19.07.2016 During the course of arguments, it has emerged that out of the other charges, the petitioner-accused was charged under Section 302 IPC and other Sections of IPC except Section 201 IPC and he is facing trial along with co-accused, who happens to be his wife who has also been charged under Section 302 IPC and other Sections of IPC.

Undisputedly, when a person is subject to trial and some evidence crops up during the trial which shows commission of an offence, the court is empowered to add sections during the pendency of trial and even at the time of finality of trial.

In such a scenario, it would be a futile exercise to deal with the matter at stage of recording of prosecution evidence. It is made clear that if the evidence warrants addition of certain sections, there cannot be any bar to the same. With these observations, the present petition is disposed of. Trial Court Record be sent back expeditiously. P.S.TEJI, J JULY 19, 2016/dm