Supreme Court of India · 2008-01-30
Johar And Others vs Mangal Prasad And Another
- Citation / case number
- AIR 2008 SUPREME COURT 1165
- Court
- Supreme Court of India
- Petitioner
- Johar And Others
- Respondent
- Mangal Prasad And Another
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court addressed the conviction of the appellants under Section 323 read with Section 34 IPC, while the High Court found that the trial court erred in acquitting them of murder charges under Sections 148 and 302 IPC. The Court emphasized the importance of eyewitness testimony over the incomplete post-mortem report, asserting that the evidence indicated a clear intention to cause death, thus remanding the case for a proper judgment on the murder charges. The Court also directed action against the doctor for preparing misleading evidence, highlighting the gravity of the situation.