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KAUSHAL JAYENDRA THAKER, NALIN KUMAR SRIVASTAVA
Kushma Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Kaushal Jayendra Thaker, J.
1. By way of these appeals the two accused who have filed the appeals out of them the appellant of Criminal Appeal No.6611 of 2016 namely Rajesh Kumar breathed his last during pendency of this appeal therefore qua him the appeal is abated.
2. The sole surviving appellant Smt. Kushma Devi who is incarcerated since 17.3.2012 has preferred this appeal against the judgement and order dated 03.10.2016, passed by learned Additional Sessions Judge/ Fast Track Court No.1, Aligarh in Session Trail No. 164 of 2013 (State of UP vs. Rajesh Kumar and Others), arising out of Case Crime No. 102 of 2012, under Sections 498-A, 304B, 302/34 Indian Penal Code, 1860 (in short ''I.P.C.'), Police Station-Harduaganj, District Aligarh, whereby the appellant-Smt. Kushma Devi was convicted and sentenced for the offence under Section 302/34 I.P.C. for life imprisonment with fine of Rs.20,000/- and in default of payment of fine, further imprisonment for three months.
3. Brief facts of the case giving rise to this appeal are that a written report was submitted by complain
The court re-evaluated the intention and knowledge of the accused in causing the bodily injuries that led to death, leading to the conversion of the conviction under Section 302 IPC to Section 304 (P....
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....
To kidnapping from legal guardian, wherein it was established that the Court while respecting the concerns of both society and victim, propounded that the twin principle of deterrence and correction ....
The judgment establishes the importance of evaluating the admissibility and reliability of dying declarations in criminal cases, as well as the distinction between 'murder' and 'culpable homicide not....
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....
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