Supreme Court of India · 2007-03-21
SHANKAR DIWAL WADU vs STATE OF MAHARASHTRA
- Citation / case number
- SC 2006/10299
- Court
- Supreme Court of India
- Petitioner
- SHANKAR DIWAL WADU
- Respondent
- STATE OF MAHARASHTRA
- Author
- MARKANDEY KATJU
- Bench
- MARKANDEY KATJU S. B. SINHA
Judgment text excerpt
The Supreme Court held that the conviction under Section 302 IPC was not appropriate as the incident occurred in a sudden fit of anger, thus converting the conviction to Section 304/Part 2 IPC. The Court found sufficient evidence from eyewitnesses, including Kamlibai, to support the prosecution's case, but determined that the intent to kill was not established. The sentence was reduced to the period already undergone, and the fine imposed was quashed, leading to the appellant's immediate release from custody.