STATE OF H.P. vs SURINDER MOHAN

The Supreme Court held that the acquittal of the respondents under Sections 302, 380, 457, 120-B read with Section 34 IPC was erroneous due to non-compliance with Section 306(4)(a) Cr.P.C., which mandates the recording of the approver's statement during committal proceedings. The Court emphasized that such a procedural lapse vitiates the trial process, leading to the conclusion that the High Court's dismissal of the appeal was not justified. Consequently, the Supreme Court set aside the High Court's order and directed a retrial of the case.