ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD
Ram Prakash – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Shiv Shanker Prasad, J.
1. This appeal has been preferred by appellant, Ram Prakash against the judgment and order dated 11th September, 1984 passed by the Special Judge (E.C. Act)/Additional Sessions Judge, Farrukhabad in Sessions Trial No. 169 of 1982 (State vs. Ram Prakash) under Section 302 I.P.C., Police Station-Gursahaiganj, District-Farrukhabad, whereby the accused-appellant has been convicted and sentenced to undergo imprisonment for life under Section 302 I.P.C.
2. We have heard Mr. Raj Kumar Sharma, learned Amicus Curiae on behalf of the appellant and Mr. Arun Kumar Singh, learned A.G.A. for the State and also perused the entire materials available on record.
3. Initially hearing in the matter was concluded on 2nd November, 2022 and 10th November, 2022 was fixed for delivery of judgment. While preparing the judgment it was noticed that the Session Court after convicting the accused-appellant has sentenced him to life imprisonment for the offence punishable under Section 302 I.P.C. without passing any order on the aspect relating to fine.
4. Once the concerned court of Session convicts an accused under Section 302 I.P.C., it was required to pass order in respect of t
Dildar Singh vs. State of Haryana
Baldev Singh & Anr. Vs. State of Punjab
Mer Dhana Sida vs. State of Gujarat
Dalip Singh vs. State of Haryana
Kansa Behera Vs. State of Orissa
Ram Kumar Madhusudan Pathak vs. State of Gujurat
Arulvelu & Anr. v State rep. by the Public Prosecutor & Anr.
Ram Nath Nonia vs. State of Bihar
Once prosecution has brought home evidence of presence of accused at scene of crime, then onus stood shifted on defence to have brought-forth suggestions as to what could have brought them to spot in....
The court modified conviction from murder to culpable homicide under Section 304 IPC, establishing that the incident arose from sudden provocation and was not premeditated.
The central legal point established in the judgment is the application of Exception 4 to Section 300 IPC, which outlines situations where culpable homicide does not amount to murder, based on the abs....
Section 299 relates to causing death by doing an act with intention of causing death or with intention of causing bodily injury as is likely to cause death.
The court upheld the conviction under Section 302 of the Indian Penal Code, rejecting the appellant's claims of lack of evidence and premeditation. The court dismissed the appellant's plea for a less....
The judgment emphasizes the importance of eyewitness testimony, medical evidence, and the application of legal provisions in establishing guilt and justifying the conviction and sentence.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.