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Ramroop – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Kamta Prasad, learned counsel for the appellant; Shri Arvind Kumar, learned AGA for State; and perused the record.
2. By way of this appeal, the appellant-Ramroop has challenged the Judgment and order dated 01.04.2015 passed by court of Additional Sessions Judge, Hamirpur in Session Trial No.05 of 2014 arising out of Case Crime No.1444 of 2013 wherein accused was tried for commission of offence under Sections 304 (I) and 506 Indian Penal Code (hereinafter referred to as, 'IPC'), Police Station-Sumerpur, District Hamirpur. The learned Sessions Judge convicted the accused for life imprisonment for commission of offence under Section 304 part I IPC and with fine of Rs.10,000/-. In default of payment of fine, the accused shall undergo rigorous imprisonment for 6 months. He was not convicted under Section 506 IPC.
3. The brief facts as per prosecution case are that written report which is Ex.Ka.1 and which corroborates the dying declaration made on 28.9.2013 reads as follows:-
Point of Law : Crime is a pathological aberration. The criminal can ordinarily be redeemed and the state has to rehabilitate rather than avenge. The sub-culture that leads to ante-social behaviour ha....
The distinction between culpable homicide and murder was clarified, emphasizing the need for proportionality in sentencing within the reformative justice framework.
The admissibility and reliability of dying declaration, burden of proof under Section 106 Evidence Act, and the principles of proper sentencing based on proportionality and reformative theory of puni....
The main legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under the Indian Penal Code, and the emphasis on the reformative a....
The main legal point established in the judgment is the reliance on the doctrine of dying declaration, the interpretation of Section 299 and 300 of the Indian Penal Code, and the application of the r....
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