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K. J. THAKER, GAUTAM CHOWDHARY
Tahseen – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
K.J. Thaker, J.
1. This appeal challenges the judgment and order dated 24.5.2010 passed by Additional Sessions Judge/Fast Track Court No.2, Saharanpur in Sessions Trial No. 06 of 2010 convicting accused-appellants under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced them to undergo imprisonment for life with fine of Rs.5,000/- and in default of payment of fine, further to undergo imprisonment for six months.
2. Factual scenario as culled out from the record and the judgment of the Court below is that the accused-appellants are alleged to have set ablaze the deceased on 16.10.2009.
3. On the complaint of the brother of the deceased, First Information Report being No.434 of 2009 was registered under Section 498A, 304B IPC and Section 3/4 Dowry Prohibition Act and thereafter, the investigation was moved into motion. After recording statements of various persons, the investigating officer submitted the charge-sheet against accused under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act. The learned
The main legal point established in the judgment is the reliance on dying declaration as a sole basis for conviction under Section 302/34 of IPC, the interpretation of Section 498A of IPC, and the ap....
The dying declaration was the sole basis for conviction, and the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of the Indian Penal Code was cr....
The main legal point established in the judgment is the importance of following proper procedures and accurately determining the appropriate section of the IPC based on the evidence and circumstances....
Section 299 of Indian Penal Code read as culpable homicide.
The law as far as it concerned septicemia is well settled death occurred after few days. The deceased died during treatment, this High Court substituted the sentence as the deceased died out of septi....
It is quite clear that if dying declaration dying declaration is absolutely credible and nothing is brought on record that deceased was in such a condition, he or she could not have made a dying decl....
The main legal point established in the judgment is the importance of evaluating dying declarations and medical opinions in cases of criminal offenses.
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