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KAUSHAL JAYENDRA THAKER, NALIN KUMAR SRIVASTAVA
Sonu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
KAUSHAL JAYENDRA THAKER, J.
1. The appeal has been preferred by the appellant-Sonu against the judgment and order dated 11.02.2015, passed by learned Additional District and Sessions Judge, Fast Track Court, Gautam Budh Nagar in Session Trail No. 144 of 2012 (State of U.P. vs. Sonu and Another), arising out of Case Crime No. 581 of 2011, under Sections 498-A, 304B Indian Penal Code, 1860 (in short ‘I.P.C.’) and Section 3/4 of Dowry Prohibition Act, Police Station-Dadri, District Gautam Budh Nagar whereby the appellant is convicted and sentenced for the offence under Section 302 I.P.C. for life imprisonment with a fine of Rs. 25,000/- and in default of payment of fine, further imprisonment for one year. Accused Krishnapal Sharma was acquitted by the Court below, therefore this appeal has been preferred only for appellant-Sonu.
2. Brief facts of the case giving rise to this appeal are that a written report was submitted by complainant Brahm Deo (father of the deceased) at Police Station Dadri, District Gautam Budh Nagar with the averments that marriage of his daughter Pri
The main legal point established in the judgment is the reliance on the doctrine of dying declaration, the interpretation of Section 299 and 300 of the Indian Penal Code, and the application of the r....
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 main legal point established in the judgment is that the dying declaration can be the sole basis for conviction if found to be true and reliable, and that sentencing should consider the reformati....
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 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 main legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under the Indian Penal Code, and the emphasis on the reformative a....
The main legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of IPC, and the applicability of Section....
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