Supreme Court · 2025 INSC 936 · Decided 5 August 2025
Shail Kumari v. State of Chhattisgarh
- Court
- Supreme Court of India
- Citation
- 2025 INSC 936 · [2025] 8 S.C.R. 599
- Case number
- CRIMINAL APPEAL No. 2189/2017
- Decided
- 5 August 2025
- Bench
- BHUSHAN RAMKRISHNA GAVAI, K. VINOD CHANDRAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 161
Headnote
Whether the conviction, as recorded by the trial Court and affirmed by the High Court was totally based on conjectures and surmises; whether the conviction of the appellant u/s.302 IPC is sustainable in law. Penal Code, 1860 - s.302 - took her children to a pond/lake and drowned them - Trial Court convicted accused u/s.302 of IPC solely on the basis of evidence of PW-2 - The High Court upheld the conviction - Correctness: Held: The conviction in the present case could be sustainable only if the prosecution
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