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january 2008

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.

Johar And Others vs Mangal Prasad And Another · Niyam