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KAUSHAL JAYENDRA THAKER, AJIT SINGH
Vijai Shankar – Appellant
Versus
State of U. P. – Respondent
ORDER :
1. Heard Sri Arvind Kumar Kushwaha, learned Advocate assisted by Ms. Pooj and Sri Upendra Kumar Rai, learned Advocates for the appellant and learned A.G.A. for the State.
2. A short prelude about the period of incarceration of accused-appellants and the death of the deceased is necessary. Accused, Vijai Shankar and Smt. Meena Devi, are in jail for more than 12 years and Accused-Chandrawati was also incarcerated before she was released on bail by this Court. The deceased died after a period of 01 month and 07 days. In her Dying Declaration the deceased stated that her mother-in-law and father-in-law have brought her to the hospital and therefore, mother-in-law was granted bail by this Court. The incident occurred because of harassment to her. The court below acquitted the accused under Section 498A but convicted them under Section 304B for life imprisonment.
3. All the three appeals arise out of same incident and challenge the judgment and order dated 14.04.2011 passed by Additional Sessions Judge, New Court No.2, Jaunpur in Sessions Trial No.188 of 2010 (State vs. Vijai Shank
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 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 distinction between 'murder' and 'culpable homicide not amounting to murder' under the Indian Penal Code, and the emphasis on the reformative a....
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 court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.
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