Penal Code, 1860 (45 of 1860), 304-B, 406, 498-A, 302 – Criminal Procedure Code, 1973 (2 of 1974), S. 216 – Dowry death – Charges framed under S. 304-B, 406, 498-A IPC – Plea to frame charge under S. 302 IPC – Contents of FIR itself reveals that the complainant had raised only a suspicion qua the deceased having been poisoned to death –If during trial any such new evidence comes on record, the trial Court is fully competent under Section 216 Cr.P.C., to add and/or alter any such charge as it may deem fit – As the trial progresses and if any such evidence emerges which in the opinion of the trial Court, prima facie hints at the commission of murder, the trial Court would be well within its power to not only alter the charge but also add the relevant charges under the Indian Penal Code Anant Prakash Sinha v. State of Haryana (2016) 6 SSC 105, relied.
