Supreme Court of India
Manjunath Chennabasapa Madalli v. State of Karnataka
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From the headnote
Penal Code, 1860-ss. 302 & 498A-Homicidal death of wife-Case based on circumstantial evidence-Circumstance of unnatural death-Dying declaration purportedly recorded by Tehsildar-Trial Court convicted husband under s.498A & 302 !PC-High Court set aside conviction under s.498A but maintained conviction under s.302 !PC-On appeal, held: Mere fact that wife died an unnatural death cannot by itself be a circumstance against husband particularly when s. 498- has been held to be inapplicable-Conclusion of Courts below that there was dying declaration is also not factually correct-Hence conviction set…
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