Supreme Court of India
Shail Kumari v. State of Chhattisgarh
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What the Court ordered
We are of the considered view that the conviction of the appellant is not sustainable in law at all.
Judgment, page 11
From the headnote
Issue for Consideration 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. Headnotes† Penal Code, 1860 – s.302 – Allegation against the appellant-accused that she 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 is
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