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Balveer Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Kaushal Jayendra Thaker, J.
1. Heard Sri Yogesh Kumar Srivastava, learned counsel for the appellant and Sri Nagendra Srivastava, learned A.G.A. for the State.
2. Present criminal appeal challenges judgment and order dated 22.11.2017 passed by the Additional Sessions Judge (Fast Track Court No.2), Firozabad in Sessions Trial No. 728 of 2011 whereby the learned Additional Sessions Judge has convicted and sentenced the accused-appellant, Balveer Singh, under Section 498A of IPC for two year imprisonment along with fine of Rs.3,000/- (default sentence : two months), under Section 302 of IPC for life imprisonment with fine of Rs.10,000/- (default sentence : six months) and under Section 3/4 of Dowry Prohibition Act, 1961 for two years' imprisonment with fine of Rs.3000/-, in case of default in payment of fine further to undergo two months' simple imprisonment. All the sentences were directed to run concurrently.
3. Facts as culled out from the record are that the deceased was married with the accused-appellant before six years of the incident as per Hindu rites and rituals. T
The main legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of IPC, and the applicability of Section....
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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 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....
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 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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