Supreme Court · 2010 INSC 198 · Decided 6 April 2010
Uttam Chakraborty v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2010 INSC 198 · [2010] 13 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 869/2006
- Decided
- 6 April 2010
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304; CrPC Section 164
Headnote
Penal Code, 1860: s. 304 - An eight month pregnant woman died of burn injuries - Post-mortem report revealing severe cut in abdomen and foetus removed - Husband of deceased and his friend convicted of murder - Husband sentenced to death A B c - Life imprisonment to co-accused - Sentences confirmed HELD: The girl with whom the accused-husband was stated to have had illicit relationship, though supported the prosecution case in her statement uls 164 CrPC, but before the court she resiled therefrom - In the light of the fact that a statement recorded u/s 164 Cr. P. C. is not substantive E
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