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Devendra Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Present Criminal Appeal has been directed against the judgment and order dated 8.4.2016 passed by the Additional Sessions Judge Court No.1, Hathras in Sessions Trial No. 51 of 2014 (Case Crime No. 134 of 2013), P.S. Hasayan, District Hathras convicting and sentencing the appellant under Section 304 I.P.C. for life imprisonment and a fine of Rs. 20,000/-with stipulation of default clause.
2. Brief facts, as culled out from the record, are that a First Information Report was lodged by the informant, Yogesh Kumar son of Rohan Singh, resident of village Pakshi Bihar, Police Station Jalesar, Etah, at Police Station Hasayan, District Hathras with the averments that marriage of her sister, Vimlesh, was solemnized with Devendra Ram son of Tikam Singh, resident of Buzurg about 12 years back. Two children were born out from their wedlock. On 10.4.2013 at about 4.00 p.m. Devendra poured kerosene upon the sister of informant and set her ablaze due to which she received burn injuries. Devendra had brought the victim to Aligarh for treatment but he fled from hospital leaving the
The admissibility and reliability of dying declaration, burden of proof under Section 106 Evidence Act, and the principles of proper sentencing based on proportionality and reformative theory of puni....
The main legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under the Indian Penal Code, and the emphasis on the reformative a....
The distinction between culpable homicide and murder was clarified, emphasizing the need for proportionality in sentencing within the reformative justice framework.
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....
The court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.
The court reiterated that a conviction can be upheld based on a single reliable eyewitness, and emphasized proportionality in sentencing, especially when no minimum punishment is mandated by law.
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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