Supreme Court of India
Surender Kumar v. State of Haryana
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What the Court ordered
We find absolutely no reason to entertain the Special Leave Petition and the same stands dismissed. However, we also make it clear that it is the Court’s prerogative to alter the charge at any time when the trial is continuing, provided there is sound and justifiable cause, as emanating from the evidence led before court.
Judgment, 13
In brief
A dispute over waterlogging caused by the draining of rainwater led to an armed assault by six accused on the petitioner, his brother and his uncle, in which the petitioner and his brother sustained multiple injuries. An FIR was registered at Police Station Nissing, Karnal under Sections 147, 148, 149, 323, 325 and 506 IPC; Section 307, initially registered, was deleted after a Medical Board constituted at the accused's request opined that the brother's injuries — a right parietal bone fracture with underlying haemorrhagic contusion — were grievous but not dangerous to life, contrary to the opinion of a private-hospital neurosurgeon (PW5).…
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