Supreme Court · 1989 INSC 201 · Decided 12 July 1989
Shivaji Dayanu Patil v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 1989 INSC 201 · [1989] 3 S.C.R. 400
- Case number
- CRIMINAL APPEAL No. 75/1979
- Decided
- 12 July 1989
- Bench
- S. NATARAJAN, KULDIP SINGH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Indian Penal Code, 1860: Section 302-Murder-Accused acquitted by trial court-High Court reversed acquittal order-Held wife's conduct in not naming assailant highly improbable and unnatural-Accused entitled to benefit of doubt-Acquitted. \ ~ The appellant was charged under Section 302 I.P.C. for of the deceased, and P. Ws.10, II and 12, all eye witnesses. Except for P. W .3, all other eye witnesses were declared hostile. Thus, the prosecution depended on the sole testimony of P. W.3. P. W. 3 deposed that she saw the appellant hitting her husband with a stick, But admittedly, she did
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