Supreme Court · 2009 INSC 909 · Decided 15 July 2009

Raj Kumar v. State of Maharashtra

Court
Supreme Court of India
Citation
2009 INSC 909 · [2009] 11 S.C.R. 49
Case number
CRIMINAL APPEAL No. 1233/2009
Decided
15 July 2009
Bench
R.V. RAVEENDRAN, J.M. PANCHAL (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302, 498A, 304, 300, 299; CrPC Section 125

Headnote

A B Penal Code, 1860 - s.302 - Husband inflicted blow on wife with a Stone Rolling Pad (Po/pat) - Wife taken to hospital where she ultimately died - Motive for the offence stated to C be refusal of wife to withdraw maintenance proceedings instituted by her u/s. 125 CrPC - Two dying declarations, Head Constable, in both of which, deceased wife implicated Jhe husband - Conviction by Courts below uls.302 - Dispute o raised as to whether the offence committed was murder or culpable homicide not amounting to murder - Held: Deceased wife was totally unarmed - Husband inflicted blow with

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