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april 2009

Supreme Court of India · 2009-04-21

State Of Maharashtra vs Guntabai @ Bhagirathibai & Ors

Citation / case number
AIRONLINE 2009 SC 544
Court
Supreme Court of India
Petitioner
State Of Maharashtra
Respondent
Guntabai @ Bhagirathibai & Ors
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court set aside the Bombay High Court's judgment affirming the acquittal of the accused under Section 302 IPC and Section 498A IPC, emphasizing the need for a fresh consideration of the evidence and legal principles regarding dying declarations. The Court noted that the High Court primarily relied on the trial court's view, which was contrary to the Constitution Bench ruling in Laxman Vs. State of Maharashtra (2002) 6 SCC 710. The matter was remitted to the High Court for a comprehensive review of the evidence and applicable law.

State Of Maharashtra vs Guntabai @ Bhagirathibai & Ors · Niyam