Supreme Court of India · 1968-03-22
MOHAR RAI & BHARATH RAI vs THE STATE OF BIHAR
- Citation / case number
- SC 1965/116
- Court
- Supreme Court of India
- Petitioner
- MOHAR RAI & BHARATH RAI
- Respondent
- THE STATE OF BIHAR
- Bench
- HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that the trial court and High Court erred in rejecting the appellants' defense solely because it had been dismissed in a prior case. The Court emphasized that the defense was supported by significant circumstances, including immediate reporting of the incident, injuries on the appellants that were unexplained by the prosecution, and evidence suggesting the first appellant could not have used the revolver. Consequently, the appeals were allowed, and the appellants were acquitted under Section 324 IPC.