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K. J. THAKER, NALIN KUMAR SRIVASTAVA
Munna @ Parvez – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Nalin Kumar Srivastava, J.
1. This Criminal Appeal has been directed against the judgment and order dated 15.7.2015 passed by the Additional Sessions Judge, Fast Track Court, Pilibhit in Sessions Trial No. 435 of 2013 (Case Crime No. 362 of 2013), P.S. Kotwali Pilibhit, District Pilibhit convicting and sentencing the appellant under Section 302 I.P.C. for life imprisonment and a fine of Rs.10,000/-, under Section 354-ka IPC for three years rigorous imprisonment and a fine of Rs.5,000/- and under Section 354-gha IPC for three years rigorous imprisonment and a fine of Rs.5,000/- with stipulation of default clause. All the sentences were directed to run concurrently.
2. Brief facts, as culled out from the record, are that a First Information Report was lodged by the informant, Zahid Khan son of Shri Puttan, resident of Veni Chaudhary, Police Station Kotwali Sadar, Pilibhit, at Police Station Kotwali Sadar, District Pilibhit with the averments that Munna, Adnan son of Dilshel Khan and Amar son of Mohd. Umar used to tease her daughter Hima by passing comments which was compl
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.
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 voluntary and truthful nature of dying declaration and the competency of a child witness to depose are crucial in establishing guilt and determining the appropriate criminal offense.
The main legal point established in the judgment is the importance of evaluating dying declarations and medical opinions in cases of criminal offenses.
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....
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