Supreme Court of India · 2010-01-14
Chandrawati vs Ramji Tiwari & Ors
- Citation / case number
- AIRONLINE 2010 SC 184
- Court
- Supreme Court of India
- Petitioner
- Chandrawati
- Respondent
- Ramji Tiwari & Ors
- Bench
- J.M. Panchal, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court upheld the acquittal of four accused under Section 302 IPC, citing the precedent in Wakil Yadav v. State of Bihar, which emphasized that a conviction under Section 302 with the aid of Section 109 IPC requires proper framing of charges and demonstration of prejudice. The Court found that the High Court had erred in acquitting the accused without establishing such prejudice, as established in prior rulings including William Slaney v. State of M.P. and Dalbir Singh v. State of U.P. The appeals by the State of U.P. and the complainant for a death sentence for Ramji Tiwari were dismissed, with the Court suggesting a remand for retrial if necessary.