Supreme Court · 2007 INSC 155 · Decided 19 February 2007
Manjunath Chennabasapa Madalli v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2007 INSC 155 · [2007] 2 S.C.R. 795
- Case number
- CRIMINAL APPEAL No. 223/2007
- Decided
- 19 February 2007
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 498A
Headnote
B Penal Code, 1860-ss. 302 & 498A-Homicidal death of wife-Case based on circumstantial evidence-Circumstance of unnatural death-Dying declaration purportedly recorded by Tehsildar-Trial Court convicted C husband under s.498A & 302 !PC-High Court set aside conviction under s.498A but death cannot by itself be a circumstance against husband particularly when s. 498-A has been held to be inapplicable-Conclusion of Courts below that there was dying declaration is also not factually correct-Hence conviction set aside. D Evidence-Circumstantial evidence-Appreciation of-Held:
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