Supreme Court of India · 2019-04-15
Bihari Lal vs The State Of Rajasthan
- Citation / case number
- AIR 2019 SUPREME COURT 1995
- Court
- Supreme Court of India
- Petitioner
- Bihari Lal
- Respondent
- The State Of Rajasthan
- Author
- Abhay Manohar Sapre
- Bench
- Dinesh Maheshwari, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court held that both the High Court and the Additional Sessions Judge erred in discharging the accused from the charge under Section 307 IPC, stating that a prima facie case was indeed made out against them. The Court emphasized that the assessment of evidence, including medical reports, should occur during the trial, not at the charge framing stage. Consequently, the Court set aside the lower courts' orders and reinstated the charge under Section 307 IPC against the accused.