Supreme Court · 2004 INSC 603 · Decided 13 October 2004
Ranganayaki v. State BY Inspector of Police
- Court
- Supreme Court of India
- Citation
- 2004 INSC 603 · [2004] SUPP. 5 S.C.R. 452
- Case number
- CRIMINAL APPEAL No. 1505/2003
- Decided
- 13 October 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 109, 302; Evidence Act Section 27
Headnote
Penal Code, I 860: S.302 read with s.109, Explanation-Murder-Abetment by instigation­ C Held, instigation must be with reference to the thing done and not to the · thing that was likely to have been done by the person who is instigated- · Further the act should be committed in deceased-Conviction set aside. D Appellant-A-2, the first wife of the deceased, who had left the lat(er, at the relevant time was living with A-1. The deceased w11s living with his third wife whom he married after the death of his second wife. The prosecution case was that on the date of
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