Supreme Court · 2007 INSC 653 · Decided 18 May 2007
Swamy Shraddananda @ Murali Manohar Mishra v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2007 INSC 653 · [2007] 7 S.C.R. 616
- Case number
- CRIMINAL APPEAL No. 454/2006
- Decided
- 18 May 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Matter referred to larger bench
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 201; CrPC Section 235(2); Evidence Act
Headnote
Penal Code, 1860-ss. 302 and 201-Murder of wife-Circumstantial evidence-Conviction and death sentence by Court beloW-:Jn appeal-HELD C Per Sinha J : Conviction justified-On facts there is one weak link in the hypoihesis that the murder was meticulously planned-Taking an overall view death sentence matter referred to larger Bench-Evidence Act, 1872- s, 27-Code of Criminal Procedure, 1973-s. 235 (2)-Sentencing-Death D sentence-Principle of Proportionality. The appellant-accused was prosecuted for murder of his wife. According to prosecution, the deceased was a rich and beautiful muslim
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