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KAUSHAL JAYENDRA THAKER, ARUN KUMAR SINGH DESHWAL
Hasmuddin – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri M.A. Siddiqui, learned counsel for the appellant and learned A.G.A. for the State.
2. Present criminal appeal challenges judgment and order dated 05.02.2010 passed by the Additional Sessions Judge, Fast Track Court No.4, District Firozabad in Sessions Trial No.424 of 2006 (State vs Hasmuddin) in connection with Case Crime No. 26 of 2006, Police Station-Ramgarh, District Firozabad, whereby the learned Additional Sessions Judge has convicted the accused-appellant, Hasmuddin for commission of offence under Section 304B of Indian Penal Code, 1860 (for short 'IPC') and sentenced him to undergo imprisonment for life, under Section 498-A to undergo two years rigorous imprisonment with a fine of Rs.500/-and under Section 3/4 Dowry Prohibition Act to undergo rigorous imprisonment for one year with fine of Rs.500/-in default of payment of fine further one year’s additional imprisonment. All the sentences shall run concurrently.
3. Brief facts as culled out from the record are that the accused-appellant was married to the deceased three and half month prior to the incident
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'.
The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder, and the application of the reformative theory of punishment in senten....
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....
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