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Supreme Court of India 2019-07-23 partly_allowed

Shankar vs State of Maharashtra

Bench: 2 — R. Banumathi

In Brief

In this criminal appeal, the husband was convicted of murdering his wife based on her dying declarations in a burn injuries case. The High Court dismissed his appeal without hearing his counsel. The Supreme Court held that an appellate court cannot decide a conviction appeal on merits when the appellant is unrepresented. The court set aside the High Court's order, remitted the case for fresh hearing, and suspended the sentence pending remittal. The appellant was released on bail bond, with directions to appoint counsel through Legal Services Authority if he remained unrepresented.

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Criminal Procedure Appellate Procedure Due Process Criminal Law

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