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Dismissal of the divorce petition by the Family Court on the grounds that the wife did not become violent and cerebral palsy only restricted body movements and was not a mental disorder, was acutely incorrect.
The Court observed that even though weapons are recovered from one of the accused, it is not the prosecution’s case that those weapons were used for any terrorist activity and/or toppling the Government.
“The manner in which the accused assaulted the deceased with predetermination definitely indicated that he was guilty of the offence of murder and not culpable homicide.”
Aurangabad bench of Bombay High Court set aside orders refusing Thackeray’s discharge in case of abetment of violence