Supreme Court · 2014 INSC 583 · Decided 2 September 2014
Kusha Laxman Waghmare v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2014 INSC 583 · [2014] 9 S.C.R. 505
- Case number
- CRIMINAL APPEAL No. 1414/2008
- Decided
- 2 September 2014
- Bench
- M.Y. EQBAL, PINAKI CHANDRA GHOSE (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302; CrPC Section 313
Headnote
A B Penal Code, 1860 - s. 304 Part-II - Punishment for culpable homicide not amounting to murder - Prosecution case that husband killed his wife by hitting her severely with C wooden stick - Conviction uls. 302 and sentence of imprisonment for life by courts below - Held: On basis of evidence of confession of the husband and medical evidence, case not fit for conviction u/s. 302 - Since there is no evidence to show that D accused had beaten the deceased with an intention to cause her death, conviction altered to s. 304 Part II and accused sentenced to rigorous imprisonment for ten
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