Supreme Court of India

Kusha Laxman Waghmare v. State of Maharashtra

Neutral citation
Reported as [2014] 9 S.C.R. 505
Bench M.Y. Eqbal and Pinaki Chandra Ghose JJ.
Decided 2 September 2014

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that it is not a fit case where conviction could be sustained under Section 302, IPC. The weapon used by the appellant is a wooden stick and as per the prosecution case, the deceased F was severely beaten by the said stick.

Judgment, page 4

From the headnote

Penal Code, 1860 - s. 304 Part-II - Punishment for culpable homicide not amounting to murder - Prosecution case that husband killed his wife by hitting her severely with wooden stick - Conviction uls. 302 and sentence of imprisonment for life by courts below - Held: On basis of evidence of prosecution witnesses, extra-judicial confession of the husband and medical evidence, case not fit for conviction u/s. 302 - Since there is no evidence to show that accused had beaten the deceased with an intention to cause her death, conviction altered to s. 304 Part II and accused sentenced to rigorous

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