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Pawan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Dr. Kaushal Jayendra Thaker, Gautam Chowdhary, JJ.
(Per Dr. Justice K.J. Thaker, J.)
1. This appeal challenges the judgment and order dated 9.3.2017 passed by Additional Sessions Judge/Fast Track Court No.2, Firozabad in Sessions Trial No.616 of 2014 convicting accused-appellant under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.10,000/-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-appellant is alleged to have set ablaze the deceased on 9.5.2014 when the accused went to the house of the deceased and demanded sum of Rs.10,000/-and when the deceased refused to give the said amount and requested him to come when her husband was in the house, the accused started abusing her and in his anger, poured kerosene on her and set her ablaze.
3. On the complaint of the husband of the deceased, First Information Report being No.387 of 2014 was regist
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 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....
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....
Section 299 of Indian Penal Code read as culpable homicide.
The main legal point established in the judgment is the importance of evaluating dying declarations and medical opinions in cases of criminal offenses.
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....
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....
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