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Supreme Court of India 2019-10-06 dismissed

JAVED ABDUL RAZZAQ SHAIKH vs THE STATE OF MAHARASHTRA

Bench: 2 — Sanjay Kishan Kaul, K.M. Joseph

In Brief

Appellant Javed Abdul Razzaq Shaikh was convicted of murdering his wife, originally charged alongside his parents and brother under Section 302 read with Section 34 IPC. While the co-accused were acquitted on appeal, the High Court convicted the appellant alone under Section 302. The appellant challenged this, arguing conviction should not be upheld when co-accused were acquitted. The Supreme Court dismissed the appeal, holding that where circumstantial and medical evidence (throttling injuries, neck muscle damage, room height incompatible with hanging) conclusively establish an individual accused's guilt independently, conviction under Section 302 alone is permissible despite the original joint charge. Medical evidence of violent throttling prevailed over discrepancies with inquest findings.

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Criminal Law Evidence Medical Jurisprudence Murder Circumstantial Evidence Dowry Harassment Strangulation Cruelty to Women

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