NAHEED ARA MOONIS, VIVEK VARMA
Raj Singh alias Jagta – Appellant
Versus
State of U. P. – Respondent
Question 1? Question 2? Question 3?
Key Points: - The death was held to be 304 Part I IPC (not 302 IPC) as the acts were done with intention to cause such bodily injury likely to cause death (!) (!) (!) - Convictions under Section 302 IPC with aid of Section 149 IPC were set aside for Vikram, Kushal Pal Singh, and Jasveer and substituted with 304 Part I IPC with ten years’ rigorous imprisonment and fine; reparation paid to deceased’s family (!) (!) (!) - Court discusses existence of common intention and unlawful assembly under Section 149 IPC and upholds conviction/sentence with proper legal framework (!) (!) (!)
JUDGMENT :
Naheed Ara Moonis, J.
1. The instant criminal appeal has been preferred on behalf of the appellants against the consolidated judgement and order dated 08.2.2010 passed by the learned Additional Sessions Judge/Fast Track Court No. 3, Saharanpur in S.T. No. 360 of 2006 (Raj Singh alias Jagta and others Vs. State of U.P.) arising out of Case Crime No. 49 of 2006, under Section 147, 148, 302/149, 307/149 IPC, PS Nagal, district Saharanpur, ST No. 361 of 2006 arising out of Case Crime No. 50 of 2006, under Section 25 of the Arms Act, PS Nagal district Saharanpur, ST No. 362 of 2006 arising out of case crime No. 56 of 2006, under Section 25 of the Arms Act, PS Nagal, district Saharanpur and ST No. 367 of 2006, arising out of case crime No. 57 of 2006, under Section 25 of the Arms Act, PS Nagal, district Saharanpur convicting and and sentencing the appellants Raj Singh alias Jagta, Vikram, Kushal Pal Singh and Jasveer to life imprisonment under Section 302/149 IPC and a fine of Rs. 20,000/-each and in case of default they were further directed to undergo imprisonment of one and a half year; ten years rigorous imprisonment and a fine of Rs. 5,000/-each under Section 307/149 IPC an
Hari Obula Reddy and others Vs. State of Andhra Pradesh
Ramashish Rai Vs. Jagdish Singh
Shiv Ram Vs. State of U.P. 1998(1) SCC 149
Kartik Malhar Vs. State of Bihar
Rana Pratap and others Vs. State of Haryana
Yunis alias Kariya Vs. State of Madhya Pradesh
Gurcharan Singh Vs. State of Punjab
Vineet Kumar Chauhan Vs. State of Uttar Pradesh
Pulicherla Nagaraju @ Nagaraja Reddy v. State of Andhra Pradesh (2006) 11 SCC 444
V. Sreedharan Vs. State of Kerala
K. Ramakoteswara Rao Vs. State of A.P.
Surinder Kumar Vs. Union Territory, Chandigarh
Ghapoo Yadav Vs. State of M.P. (2003) 3 SCC 528
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