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march 1968

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.

MOHAR RAI & BHARATH RAI vs THE STATE OF BIHAR · Niyam