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KAUSHAL JAYENDRA THAKER, NALIN KUMAR SRIVASTAVA
Anil Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Nalin Kumar Srivastava, J.
1. The additional Sessions Judge, Court No. 9, Bijnor passed judgment and order of conviction dated 12.02.2013 against the accused/appellant Anil Kumar in Sessions Trial no. 837 of 2010 (State Vs. Anil Kumar) under Section 302 I.P.C (arising out of case crime no.290/2010), P.S.-Mandawar, District-Bijnor and sentenced to him to undergo life imprisonment and further imposed fine of Rs.20,000/-and in default six months additional simple imprisonment, hence this appeal.
2. As per the case of prosecution deceased Archana, daughter of informant Jai Prakash, who had a betel shop, was married with accused-Anil Kumar about 15 years before the occurrence. Accused used to make a demand of Rs.5 lac for his business. On 18.8.2010 at about 5.00 p.m. when Archana went to the shop of accused to take a gas cylinder, a quarrel took place between the accused and the deceased and accused inflicted injury upon the deceased with Patal (a sharp edged weapon). Meanwhile Jai Prakash-informant, Jaiwati wife of informant and his son Govind Kumar came on the spot and the
Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.
The main legal point established in the judgment is the importance of intention and knowledge in determining the offence under Section 307 IPC, the principles of vicarious liability under Section 34 ....
The Court upheld the life imprisonment conviction under Section 302 IPC, affirming the case as murder due to the absence of sudden provocation and corroborative evidence supporting the eyewitness's t....
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