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july 1969

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.

MADAN RAJ BHANDARI vs STATE OF RAJASTHAN · Niyam