NDLI: Javed Abdul Rajjaq Shaikh Vs. State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hanging Medical Jurisprudence s.302 r/w. s.34 and s.498A IPC Murder strangulation and throttling
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – s.302 r/w. s.34 and s.498A – Murder – Prosecution case was that the appellant and the other accused committed murder of the wife of the appellant by throttling her – They were charged u/s.302 r/w. s.34 – Besides, they were also charged u/s.498A – Trial court convicted all the accused for offences u/s.302 r/w. s.34 and s.498A – High Court acquitted all the accused of all the offences except the appellant, he was convicted u/s.302 – Father of the victim/deceased alleged that the accused were maltreating victim and were demanding half tola gold, dress and Rs.5000/- for business purposes – Appellant contended that when the prosecution failed to establish the guilt of the other accused, in the circumstances, it must be taken that prosecution also failed to establish the case against the appellant u/s.302 simpliciter – It was further contended that victim had committed suicide by hanging – Held: PW-4 deposed that few days before the incident appellant visited her and demanded half tola gold, money and further threatened to kill his wife in case of non-compliance with his demands – PW-3-father of the victim also spoke of the threat as conveyed by PW-4 and the same was believed by the two Courts – Further, High Court rightly concluded that appellant and his wife had a separate room in the house and death had taken place around 3:30 a.m. in the morning, therefore there was a custodial death in which the appellant alone can be implicated – Both the Courts noted from the spot panchnama that the height of the room in which victim had died was just 5ft 10 inches and it was again rightly concluded by them that the theory of hanging was incompatible by a person of normal height or even if the height is 5ft – Further, a provisional death certificate was issued by two doctors stating probable cause of death was acute cardio respiratory arrest secondary to acute asphyxia, secondary to throttling and provisional death certificate corroborated the postmortem report – Therefore, evidence on record clearly supported the case of throttling – No merit in the appeal – Appellant directed to serve the remaining sentence.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2019 INSC 1210
Petitioner	Javed Abdul Rajjaq Shaikh
Respondent	State Of Maharashtra
SCR	[2019] 14 S.C.R. 30
Judgement Date	2019-11-06
Case Number	1181

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Javed Abdul Rajjaq Shaikh Vs. State of Maharashtra

Please Log-in to view this content

Pradeep Vs. The State of Haryana

Mahadevappa Vs. State of Karnataka Rep. By Public Prosecutor

Shankar Vs. The State of Maharashtra

Durga Burman (roy) Vs. State of Sikkim

Shahabuddin Abdul Kahlik Shaikh Vs. State of Gujarat

Sampat Babso Kale & Anr. Vs. The State of Maharashtra

Mrinal Das & Ors. Vs. The State of Tripura

Dev Karan @ Lambu Vs. State of Haryana

Suresh Chandra Vs. State of Uttar Pradesh

Javed Abdul Rajjaq Shaikh Vs. State of Maharashtra

Javed Abdul Rajjaq Shaikh Vs. State of Maharashtra

Please Log-in to view this content

Similar Documents

Pradeep Vs. The State of Haryana

Mahadevappa Vs. State of Karnataka Rep. By Public Prosecutor

Shankar Vs. The State of Maharashtra

Durga Burman (roy) Vs. State of Sikkim

Shahabuddin Abdul Kahlik Shaikh Vs. State of Gujarat

Sampat Babso Kale & Anr. Vs. The State of Maharashtra

Mrinal Das & Ors. Vs. The State of Tripura

Dev Karan @ Lambu Vs. State of Haryana

Suresh Chandra Vs. State of Uttar Pradesh

Javed Abdul Rajjaq Shaikh Vs. State of Maharashtra