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K. J. THAKER, UMESH CHANDRA SHARMA
Mritunjaya @ Tinku – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
UMESH CHANDRA SHARMA, J.
1. This appeal has been preferred against the judgment and order of conviction and sentencing dated 25.07.2016 passed by Additional Sessions Judge/Fast Track Court, Jaunpur in S.T. No. 279/2012 (State vs. Mritunjaya @ Tinku) Case Crime No. 275/2012 under Section 498-A, 304-B, 302/34, 323, 506, 326 I.P.C. and Section ¾ of D.P. Act, Police Station - Jalalpur, District - Jaunpur whereby the appellant has been convicted and sentenced to undergo imprisonment for one year with fine of Rs. 1,000/-under Section 498-A I.P.C. to undergo imprisonment for life under Section 304-B I.P.C. and to undergo imprisonment for six months with fine of Rs. 500/-under Section 4 D.P. Act with default stipulation.
2. In brief, facts of the case are that Geeta Devi daughter of the informant Shyammilan was married to Tinku son of Ram Sahai on 13.6.2011 after giving gifts, dowry and other household articles as per his capacity. On 26.5.2012 Geeta Devi went to her marital house after marriage where family members of her husband started quarreling with her for dowry and also
The dying declaration was the sole basis for conviction, and the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of the Indian Penal Code was cr....
The main legal point established in the judgment is the reliance on dying declaration as a sole basis for conviction under Section 302/34 of IPC, the interpretation of Section 498A of IPC, and the ap....
The dying declaration can be the sole basis for conviction if it is true, reliable, and recorded in accordance with law. The cause of death due to septicaemia led to the classification of the offence....
It is quite clear that if dying declaration dying declaration is absolutely credible and nothing is brought on record that deceased was in such a condition, he or she could not have made a dying decl....
The reliability of dying declaration, the role of hostile witnesses, and the distinction between murder and culpable homicide not amounting to murder in cases of death due to septicemia.
The dying declaration, if found to be true, voluntary, and reliable, can be the sole basis for conviction without the need for corroboration. The court may rely on the dying declaration as the primar....
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