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august 2018

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.

Sow. Chhaya vs The State Of Maharashtra · Niyam