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october 2009

Supreme Court of India · 2009-10-07

Changdeo Nivrutti Kamathe vs State Of Maharashtra

Court
Supreme Court of India
Petitioner
Changdeo Nivrutti Kamathe
Respondent
State Of Maharashtra
Bench
R.M. Lodha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court examined the appeal against the Bombay High Court's conviction of Changdeo Nivrutti Kamathe under Section 302 IPC for murder. The Court noted that the High Court's interference with the trial court's acquittal was justified due to the trial court's perverse judgment, as the witnesses, despite being related to the complainant, provided consistent testimony identifying Kamathe as the primary assailant. However, the Court found merit in the argument that the case might fall under Section 304 IPC instead of Section 302 IPC, given the nature of the injury and the circumstances of the incident, leading to a reconsideration of the conviction.

Changdeo Nivrutti Kamathe vs State Of Maharashtra · Niyam