K. J. THAKER, AJIT SINGH
Dharmendar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This appeal challenges the judgment and order dated 03.11.2010 passed by Additional Sessions Judge, Court No. 1, Ramabai Nagar, Kanpur Dehat, in Sessions Trial No. 114 of 2009 (State vs. Dharmendra and Others) arising out from case Crime No. 89 of 2008, under Sections 498A/304B IPC and Section ¾ D.P. Act, Police Station Sikandra, District Ramabai Nagar (Kanpur Dehat) convicting the appellants under Section 498A/304B IPC and Section 4 D.P. Act and sentencing appellant no. 1 under Section 304B IPC for life imprisonment and Section 498A of IPC for rigorous imprisonment of 3 years and fine of Rs. 5,000/- and Section 4 of D.P. Act for rigorous imprisonment of 2 years and fine of Rs. 5,000/- and in default of payment of fine the appellant no. 1 convicting under Section 498A IPC for additional rigorous imprisonment of 6 months and Section 4 of D.P. Act, additional rigorous imprisonment of 6 months, appellant no. 2 - Ansho Devi convicting under Section 304B for rigorous imprisonment of 6 years, under Section 498A IPC for rigorous imprisonment of 2 years and fine of Rs. 3,0
Deo Narain Mandal vs. State of U.P. (2004) 7 SCC 257
Guru Basavraj vs. State of Karnataka
Jameel vs. State of U.P. (2010) 12 SCC 532
Mohd. Giasuddin vs. State of A.P. AIR 1977 SC 1926
Ravada Sasikala vs. State of A.P. AIR 2017 SC 1166
Dowry Death - Conviction upheld - Criminal jurisprudence in our country which is reformative and corrective and not retributive, this Court considers that no accused person is incapable of being refo....
Point of Law : Court considers that no accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in....
The main legal point established in the judgment is the application of the reformative theory of punishment and the doctrine of proportionality in sentencing, emphasizing the need to avoid undue hars....
'Reformative theory of punishment' is to be adopted and for that reason, it is necessary to impose punishment keeping in view the 'doctrine of proportionality'.
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