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Gulab Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. This appeal has been preferred by the appellant-Gulab Yadav against the judgment and order dated 22.08.2012, passed by Sessions Judge, Mahoba, in Session Trial No.67 of 2011 (State vs. Gulab Yadav) arising out of Case Crime No.200 of 2011 under Section 302, 506 IPC, Police Station - Panwadi, District - Mahoba, whereby the appellant-accused was convicted and sentenced for life imprisonment and fine of Rs.20,000/- under Section 302 IPC. He was directed to undergo further imprisonment for two years, in case of default of fine. The appellant was further convicted and sentenced for two years R.I. under Section 506 IPC. All sentences were directed to run concurrently.
2. The facts giving rise to this appeal are that First Information Report was lodged by complainant Ram Babu at Police Station - Panwadi, District - Mahoba stating that on 26.02.2011 at about 12:00 noon Gulab Yadav, resident of that village, came and started demanding Rs.200/- for labour charges from the wife of complainant Ram Devi. She told that she was going to her house for lunch and woul
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The academic distinction between 'murder' and 'culpable homicide not amounting to murder' has always vexed the Courts.
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Unintentional homicide is not murder under Section 302 of IPC.
Point of law : Motive plays an important role and becomes a compelling force to commit a crime and therefore motive behind the crime is a relevant factor for which evidence may be adduced.
Point of Law : Conviction and sentence awarded to appellant for offence under Section 302 IPC is converted into the offence under Section 304 (Part-I) IPC and appellant is sentenced under Section 304....
The academic distinction between ‘murder’ and ‘culpable homicide not amounting to murder’ has always vexed the Courts. Confusion is caused, if Courts losing sight of the true scope and meaning of the....
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