Supreme Court of India · 2000-02-07
State Of Himachal Pradesh vs Surinder Mohan And Others
- Citation / case number
- AIR 2000 SUPREME COURT 1862
- Court
- Supreme Court of India
- Petitioner
- State Of Himachal Pradesh
- Respondent
- Surinder Mohan And Others
- Bench
- M.B.Shah, K.T.Thomas
Judgment text excerpt
The Supreme Court addressed the acquittal of the respondents for offences under Sections 302, 380, 457, and 120-B read with Section 34 IPC, emphasizing the failure of the Chief Judicial Magistrate to record the approver's statement as mandated by Section 306(4)(a) Cr.P.C. The Court held that this procedural lapse vitiated the committal and subsequent trial, leading to the dismissal of the appeal by the High Court. Consequently, the Supreme Court set aside the acquittal and directed a retrial in accordance with the law.