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.