Supreme Court of India · 2006-09-01
SHAM SHANKAR KANKARIA vs THE STATE OF MAHARASHTRA
- Citation / case number
- SC 2005/6973
- Court
- Supreme Court of India
- Petitioner
- SHAM SHANKAR KANKARIA
- Respondent
- THE STATE OF MAHARASHTRA
- Author
- ARIJIT PASAYAT
- Bench
- C.K. THAKKER ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the Bombay High Court's decision, affirming the conviction of the accused under Section 304 Part II IPC for culpable homicide not amounting to murder, and under Section 325 read with Section 34 IPC for causing grievous hurt. The Court dismissed the appeals of the accused challenging their convictions while allowing the State's appeals for enhancement of sentences. The Court clarified that the acquittal under Section 302 IPC was justified based on the evidence presented, and the sentences were modified accordingly.