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SUNEET KUMAR, VIKRAM D. CHAUHAN
Sanjay – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Suneet Kumar, J.
1. Heard Sri Sunil Singh and Sri Vivek Singh, learned counsels for the appellants and Sri Vikas Goswami, learned counsel appearing for the State and perused the lower court record with the assistance of the respective counsels.
2. The instant appeal has been filed against the judgment and order dated 3 January 2018 passed by the Additional Sessions Judge, Court No. 4, Kanpur Dehat, whereby, appellant has been convicted under Section 302 IPC and sentenced to life imprisonment with fine of Rs.20,000/-. On default of deposition of fine, appellant shall serve additional six months rigorous imprisonment.
3. The incident is of 6.3.2016, at about 9:00 p.m. and F.I.R. came to be lodged after the death of the deceased on 10.3.2016, at about 12:30 p.m. The informant/complainant (P.W.-1) is the brother of the deceased. It is alleged that his younger brother Ajay (deceased), aged about 20 years, on the day of terhavi ceremony, on 5.3.2016 all brothers had assembled for the ceremony. His elder brother Sanjay with the intention to kill the deceased assaulted him wit
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As the attack is an outcome of the said incident, which took place immediately prior to the incident, we feel that it is a fit case where the nature of offence has to be scaled down from Section 302 ....
Part II of Section 304 of IPC comes into play when the death is caused by doing an act with knowledge that it is likely to cause death, but there is no intention on the part of the accused either to ....
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