Supreme Court · 2009 INSC 75 · Decided 27 January 2009
Ramchandra Dhondiba Kaware v. ST Ate of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2009 INSC 75 · [2009] 1 S.C.R. 649
- Case number
- CRIMINAL APPEAL No. 155/2009
- Decided
- 27 January 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
, S.302, 304 Part I - Eye-witness account believed by Trial Court - Conviction under s.302 ordered - Upheld by High c Court - On appeal, Held: Considering the background facts appropriate conviction would be under s.304 Part I /PC - Custodial sentence of 10 years would meet the ends of of the appellant under s.302 IPC by D the trial court and as upheld by the High Court is under challenge in this appeal. Partly allowing the appeal, the Court HELD:1. The evidence of PWs 1 and 4 does not E suffer from any infirmity. PW-1 has categorically stated that he was awakened by the
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