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K. J. THAKER, UMESH CHANDRA SHARMA
Ahmad Sher – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the appellant and learned A.G.A. for the State.
2. Present criminal appeal challenges judgment and order dated 24.9.2015 passed by the Additional Sessions Judge, Fast Track Court, Kannauj in Sessions Trial No. 121 of 2013 (State vs. Ahmad Sher) whereby the learned Additional Sessions Judge has convicted the accused-appellant, Ahmad Sher for commission of offence under Section 304 of Indian Penal Code, 1860 (for short 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.20,000/-and in case of default in payment of fine, further to undergo four months' additional imprisonment.
3. Brief facts as culled out from the record are that the accused-appellant was married to the deceased 15-16 years prior to the incident but soon after the marriage deceased was being harassed and tortured by her in-laws for which a civil suit was filed which continued for about seven years and ended in a compromise between the parties. As per compromise, deceased was given teen beegha land by her in-laws, in between the years of civil suit accused-app
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 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 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 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 distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and Section 300 of IPC, and t....
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....
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