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march 2007

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.

SHANKAR DIWAL WADU vs STATE OF MAHARASHTRA · Niyam