VidhiSangh

Supreme Court of India · 06/11/2019

JAVED ABDUL RAJJAQ SHAIKH versus STATE OF MAHARASHTRA

[2019] 14 S.C.R. 30 · 2019 INSC 1210

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The husband challenged his murder conviction after the High Court acquitted his relatives and set aside the cruelty conviction. The Court upheld his individual conviction on the circumstantial evidence of throttling, his separate room with the deceased, the timing of death and the proved threat. It rejected doubts based on the delayed signature of the detailed post-mortem report.

Issues

  1. Whether acquittal of co-accused charged with murder and common intention precluded an individual murder conviction.
  2. Whether the medical and surrounding evidence excluded suicide despite inconsistencies and the delayed post-mortem report.

Held

Result

Appeal dismissed and Section 302 IPC conviction upheld. Bail bonds cancelled; the appellant was to be taken into custody to serve the remaining sentence.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 30.