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KAUSHAL JAYENDRA THAKER, AJIT SINGH
Samharu Gupta – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Karunesh Pratap Singh, learned counsel for the appellant and learned A.G.A. for the State.
2. Though learned counsel for the appellant has made submissions as far as bail is concerned, we have gone through the record, the judgment impugned and the factual data and by consent of learned A.G.A. we proceed to decide this appeal finally where the accused-appellant is in jail for more than seven years and he has one daughter to look after.
3. This appeal challenges the judgment and order dated 3.12.2021 passed by Additional Sessions Judge/Special Judge, P.A. Act/U.P.S.I.B., Gorakhpur in Sessions Trial No.129 of 2016 (State vs. Samharu Gupta) whereby the learned Sessions Judge has convicted accused-appellant under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.50,000/-and, in case of default in payment of fine further to undergo two years' imprisonment.
4. Brief facts as culled o
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 central legal point established in the judgment is the application of the provisions of Section 299, Section 300, and Section 304 Part I of IPC to determine the nature of the offence and the cons....
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 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 application of the principles to distinguish between 'murder' and 'culpable homicide not amounting to murder' under IPC, and the consideration ....
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 '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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