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Kiran – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the appellants and learned A.G.A. for the State and perused the record.
2. The instant criminal appeal has been filed with the prayer to set aside/quash the impugned judgment and order dated 5.4.2018 passed by the learned Additional Sessions Judge, Court No.3, Shahjahanpur in Sessions Trial No.338 of 2014 (State v. Anil & Anr.) (arising out of Crime No.175 of 2014, under Sections 304, 452, 506, 120-B IPC, Police Station-Sadar Bazar, District-Shahjahanpur and to acquit the appellants.
3. Brief facts as culled out from the record are that the informant-Kandhai submitted a written report to the Superintendent of Police-Shahjahanpur, on the basis of which, F.I.R. was registered at Police Station-Sadar Bazar, District-Shahjahanpur. It is stated in the aforesaid report that daughter of the informant namely Rajbeti used to reside in a separate house with her husband. On 25.11.2013 at about 10:00 p.m., Govind, Suraj and Anil all real brothers entered the house of her daughter and set her ablaze by pouring kerosene oil. It is also stated in the repor
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 reliability of dying declarations, the presumption of dowry death under Section 113B of the Indian Evidence Act, and the reformative and corrective approach of criminal jurisprudence were central....
The dying declaration can be the sole basis for conviction if it is true, reliable, and recorded in accordance with law. The cause of death due to septicaemia led to the classification of the offence....
Point of Law : Crime is a pathological aberration. The criminal can ordinarily be redeemed and the state has to rehabilitate rather than avenge. The sub-culture that leads to ante-social behaviour ha....
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
It is settled principle of criminal justice system that if a perpetrator of crime is sat free, in that case, the concept of deterrent theory may not work and there might be adverse effect upon the so....
Dying declarations can serve as the sole basis for conviction if they are proven to be reliable, but lack of corroboration or inconsistencies can lead to acquittal.
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