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PRITINKER DIWAKER, NALIN KUMAR SRIVASTAVA
Puttan Yadav @ Vipin – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Nalin Kumar Srivastava, J.
1. Present criminal appeal has been preferred by the appellant Puttan Yadav @ Vipin against the judgement and order dated 20.1.2014 passed by the Sessions Judge, Kanpur Dehat in Sessions Trial No.91 of 2013 (State vs. Puttan Yadav @ Vipin), arising out of case crime no. 638 of 2012, convicting and sentencing the appellant for the offence punishable under Section 304 (Part-I) IPC to undergo life imprisonment and a fine of Rs. 5,000/-with stipulation of default clause.
2. Brief facts of the case, as culled out from the record, are that a written report was submitted by the complainant Gore Lal son of Ram Nath, resident of village Chakeri, Police Station Chakeri, District Kanpur Nagar at Police Station-Akbarpur, District-Kanpur Dehat in which averments were made that Km. Laxmi, niece (bhanji) of the informant, aged about two years, had sustained injuries and she was hospitalized at Kabir Hospital, Kanpur Nagar by the appellant and his family members. She expired during treatment. Anita, sister of the informant, was also harassed by the accused
The court established that sudden provocation can reduce a murder charge to manslaughter, particularly in domestic disputes.
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.
Conviction under Section 302, IPC was altered to Section 304 for culpable homicide not amounting to murder, based on the heat of passion during a family quarrel.
The main legal point established in the judgment is the application of legal provisions related to culpable homicide and murder, and the consideration of the reformative theory of punishment in sente....
The court applied the reformative theory of punishment and the doctrine of proportionality in sentencing, considering the evidence and the absence of premeditation.
The judgment established the principle that the evidence of a single eyewitness must be reliable and corroborated by independent evidence from the attending circumstances of the case. The court empha....
The credibility of eyewitnesses, even if related to the victim, does not diminish their account's reliability if corroborated by medical evidence.
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