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january 2008

Supreme Court of India · 2008-01-30

JOHAR vs MANGAL PRASAD

Citation / case number
SC 2007/10060
Court
Supreme Court of India
Petitioner
JOHAR
Respondent
MANGAL PRASAD
Author
V.S. SIRPURKAR S.B. SINHA
Bench
V.S. SIRPURKAR S.B. SINHA

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 charges under Sections 148 and 302 IPC. The Court emphasized that the trial court misapprehended the evidence, particularly the eyewitness accounts, and directed the trial court to reconsider the evidence and pass judgment accordingly. The Court also noted the need for action against the doctor for preparing a misleading post-mortem report, which was deemed to protect the accused.

JOHAR vs MANGAL PRASAD · Niyam