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october 2010

Supreme Court of India · 2010-10-26

MOHD. USMAN MOHD. ISLAM SHAIKH vs STATE OF MAHARASHTRA

Citation / case number
SC 2005/28527
Court
Supreme Court of India
Petitioner
MOHD. USMAN MOHD. ISLAM SHAIKH
Respondent
STATE OF MAHARASHTRA
Author
HARJIT SINGH BEDI
Bench
HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,

Judgment text excerpt

The Supreme Court upheld the conviction of the accused under Sections 302 and 201 read with Section 34 IPC for the murder of Noorjahan, establishing that the prosecution proved the elements of asphyxial death due to throttling and gagging, corroborated by medical evidence and witness testimonies. The Court emphasized that the absence of direct eyewitnesses does not negate the validity of circumstantial evidence when it is strong and consistent. The appeal was dismissed, affirming the lower court's decision.

MOHD. USMAN MOHD. ISLAM SHAIKH vs STATE OF MAHARASHTRA · Niyam