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december 2015

Supreme Court of India · 2015-12-16

Mangu vs Dharmendra & Anr

Court
Supreme Court of India
Petitioner
Mangu
Respondent
Dharmendra & Anr
Author
Pinaki Chandra Ghose
Bench
Pinaki Chandra Ghose, R.K. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court's acquittal of the accused under Sections 302 IPC and Section 25 of the Arms Act was erroneous as it failed to appreciate the evidence of eyewitnesses and the confessional statement made by the accused. The Court emphasized that the prosecution had established the motive and the circumstances surrounding the crime, and the accused's failure to explain the facts within his knowledge under Section 106 of the Indian Evidence Act, 1872, warranted a conviction. Consequently, the Supreme Court set aside the High Court's judgment and restored the life imprisonment sentence imposed by the Trial Court.

Mangu vs Dharmendra & Anr · Niyam