Supreme Court of India · 2008-07-21
STATE OF RAJASTHAN vs OM PRAKASH SHARMA
- Citation / case number
- SC 2008/64199
- Court
- Supreme Court of India
- Petitioner
- STATE OF RAJASTHAN
- Respondent
- OM PRAKASH SHARMA
- Author
- ALTAMAS KABIR
- Bench
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Judgment text excerpt
The Supreme Court addressed the appeals against the Madhya Pradesh High Court's order which set aside charges under Section 304 Part II IPC and directed framing charges under Section 323/34 IPC instead. The Court held that the High Court erred in its assessment of the evidence and the nature of the injuries sustained by the deceased, emphasizing that the charge under Section 304 IPC was warranted given the circumstances of the case. Consequently, the Supreme Court reinstated the charges under Section 304 Part II IPC against the accused.