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K. J. THAKER, UMESH CHANDRA SHARMA
Ashwani Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Umesh Chandra Sharma, J.
1. Heard Sri Bed Prakash Rai, learned counsel for the appellants and learned A.G.A. for the State.
2. This appeal challenges the judgment and order dated 28.8.2017 passed by Additional Sessions Judge, Court No.11, Meerut, in Sessions Trial No. 979 of 2014 (State vs. Monu and Another) convicting accused-appellants under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced the accused-appellants to undergo imprisonment for life with fine of Rs.10,000/-and in case of default of payment of fine, further to undergo imprisonment for a period of one year and under Section 504 IPC to undergo imprisonment for one year each.
3. In brief, facts of the case are that informant Jitendra Kumar on 14.4.2014 at 23:46 moved Tehrir, Ex. Ka-1, alleging therein that his brother Indresh Kumar, deceased, lived at Ganga Nagar along with his family. On 14.4.2014 in the morning his niece Shiwangi was teased by three boys namely Nishu, Rahul and Monu @ Mayank sons of Ashwani Sharma. The mother of the boys was apprised
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 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 reformatory approach of the criminal justice system and the application of the doctrine of proportionality in imposing punishment.
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 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.
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....
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