Supreme Court of India · 2008-11-28
Shivnath Prasad vs State Of Bihar
- Citation / case number
- AIRONLINE 2008 SC 521
- Court
- Supreme Court of India
- Petitioner
- Shivnath Prasad
- Respondent
- State Of Bihar
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court set aside the Patna High Court's dismissal of the appellant's revision petition concerning convictions under Sections 279 and 304-A IPC, highlighting significant evidentiary gaps including the non-examination of key witnesses and the absence of the post-mortem report. The Court found that the High Court's order was cryptic and failed to address the appellant's arguments regarding the prosecution's failure to establish its case. The matter was remitted to the High Court for fresh consideration in accordance with law.