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K. J. THAKER, AJAI TYAGI
Surendra Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. This appeal has been preferred against the judgement and order dated 27.11.2014 Sessions Judge, Hamirpur in Session Trial No.9 of 2009 (State Vs. Surendra Kumar) arising out of Case Crime No.02 of 2008 under Section 302, 323 IPC, Police Station- Chikasi, District-Hamirpur, whereby the accused-appellant was convicted under Section 302 IPC and sentenced to imprisonment for life with fine of Rs.20,000/- and in case of default of payment of fine, to undergo further imprisonment for two year and under Section 323 and sentenced to one year with fine of Rs.1,000/- and in case of default of payment of fine, to undergo further imprisonment of three months.
2. The brief facts as cull out from the record are that a first information report was lodged by informant Sanjay Kumar at Police Station- Chikasi, District- Hameerpur on 02.01.2008. At about 7:15 pm, the informant was going to his quarter after having the tea at the gate of police station. At that time constable Surendra Kumar of the same police station- Chikasi came with the rifle in his hand and started ab
The main legal point established in the judgment is the reformatory approach of the criminal justice system and the application of the doctrine of proportionality in imposing punishment.
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 ....
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 interpretation of the dying declaration, the determination of the nature of the offense, and the application of the appropriate section of the ....
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.
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 Section 299 and 300 of IPC, and the application of the reformative theory of punishment in sentencing.
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