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.