Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2010

Supreme Court of India · 2010-08-02

Ravindra Tukaram Hiwale vs State Of Maharashtra

Citation / case number
AIR 2010 SUPREME COURT 3492
Court
Supreme Court of India
Petitioner
Ravindra Tukaram Hiwale
Respondent
State Of Maharashtra
Bench
C.K. Prasad, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the High Court erred in enhancing the appellant's sentence under Section 306 IPC based on the appellant's alleged quarrelsome nature, as the dying declaration indicated the incident was a spontaneous result of a family quarrel. The Court emphasized that appellate interference in sentencing should be rare and that the Trial Court's discretion in sentencing under Section 306, which allows for a maximum of 10 years, was not misused. Consequently, the Court quashed the High Court's sentence enhancement and upheld the Trial Court's original judgment, ordering the appellant's release from custody.

Ravindra Tukaram Hiwale vs State Of Maharashtra · Niyam