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K. J. THAKER, SHIV SHANKER PRASAD
Ankit – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
K.J. Thaker, J.
1. Heard Sri Ajay Kumar Mishra, learned counsel for the appellants and Sri Vikas Goswami, learned A.G.A. for the state.
2. Both these appeals challenge the judgment and order dated 17.11.2016 passed by Additional Sessions Judge/Fast Track Court No.1, Meerut, in Sessions Trial No.836 of 2015 (State vs. Ankit and another) arising out of Case Crime No.145 of 2015, Police Station – Parikshitgarh, District – Meerut.
3. Both the accused, who are father and son, have been convicted under Section 302 read with 34 of I.P. Code pursuant to registration of Case Crime No.145 of 2015. The learned trial Judge committed the case to the court of Sessions, being numbered as 836 of 2015. Both the accused Ankit and Harnam Singh were held guilty of commission of offence under Section 302 IPC read with section 34 and have been sentenced to the life imprisonment and Rs. 15,000/-fine and in default 6 months of imprisonment.
4. The genesis of the case started with an incident which happened on 23.4.2015 wherein the sister of the first informant, who was married on 19.2.2012 to An
The judgment established the distinction between murder and culpable homicide, and the factors to be considered for awarding appropriate sentence under IPC 302 or IPC 304 Part-II.
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
The court affirmed the conviction for murder and dowry death, establishing a proximate link between dowry-related cruelty and the victim's death.
Conviction based on circumstantial evidence is sustainable when the chain of events proves guilt exclusively and the accused fails to provide a plausible explanation for an unnatural death occurring ....
Section 299 of Indian Penal Code read as culpable homicide.
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