Supreme Court of India · 1969-07-29
MADAN RAJ BHANDARI vs STATE OF RAJASTHAN
- Citation / case number
- SC 1967/161
- Court
- Supreme Court of India
- Petitioner
- MADAN RAJ BHANDARI
- Respondent
- STATE OF RAJASTHAN
- Bench
- HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that the conviction of the appellant under Section 314 IPC for abetting a miscarriage was unsustainable as the principal offender was acquitted. The Court emphasized that a charge of abetment typically fails when the substantive offence against the principal is not established, referencing the case of Gallu Sah v. The State of Bihar. The Court found that the appellant was prejudiced due to the absence of a specific charge of abetting the deceased, leading to his acquittal.