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august 1998

Supreme Court of India · 1998-08-24

RAM SUNDER YADAV & ORS. vs THE STATE OF BIHAR

Citation / case number
SC 1995/64155
Court
Supreme Court of India
Petitioner
RAM SUNDER YADAV & ORS.
Respondent
THE STATE OF BIHAR
Author
M.K. MUKHERJEE,G.T. NANAVATI,D.P. WADHWA
Bench
M.K. MUKHERJEE,G.T. NANAVATI,D.P. WADHWA

Judgment text excerpt

The Supreme Court addressed the obligation of the prosecution to explain injuries sustained by the accused during the same occurrence, referencing previous cases such as Jagdish vs. State of Rajasthan and Hare Krishna Singh vs. State of Bihar. The Court clarified that while serious injuries on the accused may necessitate an explanation, it is not an absolute rule that failure to explain such injuries leads to the prosecution's case being disbelieved. The judgment reiterated that the prosecution is not universally obliged to explain injuries, particularly when the evidence is clear and credible, thus sending the matter back to the original Bench for further proceedings.

RAM SUNDER YADAV & ORS. vs THE STATE OF BIHAR · Niyam