Back
K. J. THAKER, NALIN KUMAR SRIVASTAVA
Mithlesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Nalin Kumar Srivastava, J
1. The Court of Additional Sessions Judge, Court No.3, Saharanpur recorded conviction of the present appellant Mithlesh under Section 302 I.P.C. in Sessions Trial No. 520 of 2015 (State Vs. Mithlesh) arising out of Case Crime No. 38/2015, P.S.-Titro, District-Saharanpur and sentenced her for life imprisonment and fine to a tune of Rs.20,000/-and to undergo 6 months additional simple imprisonment in case of default of payment of fine, hence this appeal.
2. The prosecution case as culled out from the FIR is that the informant and the accused had some land dispute. On 9.4.2015 Devendra, son of informant cut down some trees from that land and a complaint was made by the accused in the police station. When the Devendra aforesaid was going to the police station, accused Smt. Mithlesh who was standing outside the police station, with intention to kill, set ablaze Devendra by pouring petrol over him. The occurrence was witnessed by the informant, his son Ravin
The dying declaration, if found to be true, voluntary, and reliable, can be the sole basis for conviction without the need for corroboration. The court may rely on the dying declaration as the primar....
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 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 main legal point established in the judgment is the importance of evaluating dying declarations and medical opinions in cases of criminal offenses.
Point of Law : Hostility of witnesses of fact cannot demolish the value and reliability of the dying declaration of the deceased, which has been proved by prosecution in accordance with law and is a ....
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....
The judgment established the distinction between culpable homicide and murder under the IPC, and applied recent legal principles allowing for reduced incarceration periods for similar offenses.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
