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KAUSHAL JAYENDRA THAKER, NALIN KUMAR SRIVASTAVA
Shailesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
KAUSHAL JAYENDRA THAKER, J.
1. Heard Heard Sri Siya Ram Pandey, learned counsel for appellants and Sri Vikas Goswami, learned counsel for State.
2. This appeal has been preferred by the accused-appellants against the judgment and order dated 4.5.2017, passed by learned Sessions Judge, Hapur in Sessions Trial No. 71 of 2016 (State of Uttar Pradesh vs. Shailesh and Others) arising out of Case Crime No. 328 of 2015 convicting the accused-appellants under Sections 302 read with 34 of Indian Penal Code, 1860 (in brevity ‘IPC’) Police Station Gardhmukteshwar, District Hapur and sentenced the accused-appellants to undergo imprisonment for life with fine of Rs. 5,000/- and in case of default of payment of fine, further to undergo imprisonment for a period of one month.
3. The facts of the present case are that on 31.7.2015, while the informant and his father Babu Ram (deceased) were returning home after closing their tea shop, they were intercepted by accused-appellant-Raju, who asked them to pay Rs. 150/- for the grocery items which were purchased by the deceased earlier. The a
The main legal point established in the judgment is the reformatory approach of the criminal justice system and the application of the doctrine of proportionality in imposing punishment.
The distinction between 'murder' and 'culpable homicide not amounting to murder' under Sections 299 and 300 of IPC, and the application of the reformative theory of punishment in determining the appr....
The main legal point established in the judgment is the interpretation of the dying declaration, the determination of the nature of the offense, and the application of the appropriate section of the ....
The court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.
The distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of IPC, and the application of the reformative theory of punishment in sentencing.
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....
The central legal point established in the judgment is the application of the provisions of Section 299, Section 300, and Section 304 Part I of IPC to determine the nature of the offence and the cons....
The main legal point established in the judgment is the application of the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and Section 300 of IPC, and t....
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