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K. J. THAKER, AJAI TYAGI
Gaurav Kumar Srivastava – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. This appeal has been preferred by the appellant-Gaurav Kumar Srivastava against the judgment and order dated 28.08.2014, passed by Additional Sessions Judge, Farrukhabad, in Session Trial No.117 of 2012 (State vs. Gaurav Kumar Srivastava) arising out of Case Crime No.137 of 2012 under Section 302 IPC, Police Station-Kamlaganj, District- Farrukhabad, whereby the appellant-accused was convicted and sentenced for life imprisonment and fine of Rs.5,000/- under Section 302 IPC. He was further directed to undergo six months of simple imprisonment, in case of default of fine.
2. The brief facts of this case are that on 31.03.2012, a written report was submitted by complainant Sitaram at Police Station-Kamalganj, District-Farrukhabad stating that besides his house in village Sindhirampur, there is house of his elder sister Smt. Phoolan Devi, wife of late Rakesh Chandra. Today on 31.03.2012 at about 10:30 PM, Phoolan Devi’s son Gaurav Kumar had murdered his mother Phoola
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.
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.
Once prosecution has brought home evidence of presence of accused at scene of crime, then onus stood shifted on defence to have brought-forth suggestions as to what could have brought them to spot in....
The court established that sudden provocation can reduce a murder charge to manslaughter, particularly in domestic disputes.
The academic distinction between 'murder' and 'culpable homicide not amounting to murder' has always vexed the Courts. The confusion is caused, if Courts losing sight of the true scope and meaning of....
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