Supreme Court of India · 2009-04-21
STATE OF MAHARASHTRA vs GUNTABAI @ BHAGIRATHIBAI .
- Citation / case number
- SC 2003/20007
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- GUNTABAI @ BHAGIRATHIBAI .
- Author
- 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 to consider the Constitution Bench ruling in Laxman Vs. State of Maharashtra (2002) 6 SCC 710 regarding dying declarations. The Court noted that the High Court primarily relied on the trial court's interpretation of Paparambaka Rosamma and Ors. Vs. State of A.P. (1999) 7 SCC 695, without addressing other relevant factors. The matter was remitted to the High Court for fresh consideration of evidence and applicable legal principles.