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Prakash Gupta – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Nalin Kumar Srivastava, J.)
1. This criminal appeal is directed against the judgement and order dated 25.2.2014 and sentence dated 27.2.2014 passed by learned Additional Sessions Judge, Court No.6, Deoria in Sessions Trial No. 246 of 2010 arising out of Case Crime No. 221 of 2010 under Section 302 I.P.C., P.S.-Bhatparani, District-Deoria convicting and sentencing the appellant under Section 302 I.P.C. to undergo life imprisonment with a fine of Rs.20,000/-and in default of payment of fine further one year simple imprisonment.
2. The prosecution story as emerged out from the FIR is that Chandni, the sister of the informant was married with Rajan Gupta on 12.12.2006 but the husband was not satisfied with the dowry given in the marriage and always used to quarrel over that. On 8.6.2010, the informant came to know that the in-laws of the deceased had set ablaze his sister. On the next day when the informant went to the District Hospital, Deoria, he found his sister in a bitterly burnt condition and she told that her mother-in-law, Guddi Devi (Chacheri), father-in-law Shripra
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The reliability of dying declaration, the role of hostile witnesses, and the distinction between murder and culpable homicide not amounting to murder in cases of death due to septicemia.
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 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....
It is quite clear that if dying declaration dying declaration is absolutely credible and nothing is brought on record that deceased was in such a condition, he or she could not have made a dying decl....
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 ....
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