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february 2000

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.

State Of Himachal Pradesh vs Surinder Mohan And Others · Niyam