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K. J. THAKER, AJAI TYAGI
Balveer Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Abhishek Mayank, learned counsel for appellant and Sri Vikas Goswami, learned counsel for State.
2. This appeal has been preferred by the accused-appellant against the judgment and order dated 17.4.2018, passed by learned Additional Sessions Judge, Court No. 10, Aligarh in Sessions Trial No. 241 of 2016 (State of Uttar Pradesh Vs. Balveer Singh ) connected with Sessions Trial No. 242 of 2016 arising out of Crime No. 261 of 2015 connected with Crime No. 05 of 2016 convicting the accused – appellant under Sections 302 of Indian Penal Code, 1860 (in brevity 'IPC'), Police Station Dadon, District Aligarh and sentenced the accused-appellant to undergo imprisonment for life with fine of Rs.20,000/- and in case of default of payment of fine, further to undergo simple imprisonment for a period of six months.
3. The prosecution story in brief is as follows, that on getting the information, it was scribed by Rajendra Singh s/o Har Prasad, Ext.Ka- 1 written-complaint was submitted in police-station Dadon, District Aligarh by the complainant Itwari Singh s/o Neksey r/o
The distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of IPC, and the application of the reformative theory of punishment in sentencing.
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 court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.
The distinction between 'murder' and 'culpable homicide not amounting to murder' under Sections 299 and 300 of IPC, and the application of the reformative theory of punishment in determining the appr....
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....
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 ....
The distinction between culpable homicide and murder was clarified, emphasizing the need for proportionality in sentencing within the reformative justice framework.
The main legal point established in the judgment is the application of the principles to distinguish between 'murder' and 'culpable homicide not amounting to murder' under IPC, and the consideration ....
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