Supreme Court of India · 2018-08-03
Sow. Chhaya vs The State Of Maharashtra
- Citation / case number
- AIR 2018 SUPREME COURT 3604
- Court
- Supreme Court of India
- Petitioner
- Sow. Chhaya
- Respondent
- The State Of Maharashtra
- Author
- Mohan M. Shantanagoudar
- Bench
- Mohan M. Shantanagoudar, N.V. Ramana
Judgment text excerpt
The Supreme Court held that the conviction of Smt. Chhaya under Section 302 read with Section 34 and Section 498A read with Section 34 IPC was not sustainable due to lack of substantial evidence against her. The Court emphasized that the only evidence was her mention in the Dying Declaration, which was insufficient given her alibi supported by a medical certificate indicating she underwent surgery prior to the incident. Consequently, the Court acquitted Smt. Chhaya, overturning the High Court's conviction.