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KAUSHAL JAYENDRA THAKER, AJIT SINGH
Anees @ Gama – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Ajay Kumar Mishra, learned counsel for the appellants and learned A.G.A. for the State. Sri Lokesh Kumar Mishra, learned counsel for the informant has absented himself.
2. This appeal challenges the judgment and order dated 5.8.2010 passed by Additional Sessions Judge Fast Track Court No.1, Meerut in Sessions Trial No. 735 of 1997 (State vs. Anees and others) convicting accused-appellants under Section 302/149 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced the accused-appellants to undergo imprisonment for life with fine of Rs.2,000/- each and in case of default of payment of fine, further to undergo imprisonment for a period of two years.
3. The five accused were alleged to have committed an offence, on 15.4.1997 when all of them pursuant to their common intention to do away with Ajeej s/o Ahmad Majeed, who had borrowed the sum of Rs.50,000/- from one Anees @ Gama. On 15.4.1997 at about 6:00 PM, when informant and his brother went the
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 application of the principles to distinguish between 'murder' and 'culpable homicide not amounting to murder' under IPC, and the consideration ....
The court distinguished between murder and culpable homicide, concluding that the appellant's actions fell under Section 304 Part-I due to lack of intent and premeditation.
The main legal point established in the judgment is the distinction between culpable homicide and murder, and the application of Section 300 and Section 304 of the IPC in determining the intention of....
Section 299 of Indian Penal Code read as culpable homicide.
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