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november 2008

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.

Shivnath Prasad vs State Of Bihar · Niyam