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KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Prakash – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
AJAI TYAGI, J.
1. This appeal has been preferred by the appellant-Prakash against the judgment and order dated 16.2.2008, passed by Additional Sessions Judge, Court No.9, Kanpur Dehat, in Session Trial No.87 of 2007 (State vs. Prakash) arising out of Case Crime No.678 of 2006 under Section 302, 323, 324 IPC, Police Station-Ghatampur, District-Kanpur Nagar, whereby the accused was convicted and awarded sentence under Section 302 IPC for life imprisonment and fine of Rs.10,000/-. He was directed to undergo further imprisonment for one year, in case of default of fine. The appellant was further convicted and sentenced under Section 323 IPC for six months RI and further convicted and sentenced under Section 324 IPC for one year RI. All sentences were directed to run concurrently.
2. The facts giving rise to this appeal are that complainant-Ram Khelawan submitted written-report at Police Station-Ghatampur, District-Kanpur Nagar, stating therein that on 18.12.2006, his elder brother P
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It is settled law that evidence of hostile witnesses can also be relied upon by prosecution to extent to which it supports prosecution version of incident.
The academic distinction between 'murder' and 'culpable homicide not amounting to murder' has always vexed the Courts.
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....
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