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KAUSHAL JAYENDRA THAKER, NALIN KUMAR SRIVASTAVA
Naresh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Present criminal appeal challenges judgment and order dated 26.10.2017 passed by the Additional Sessions Judge (Fast Track Court), Hamirpur, in Sessions Trial No.27 of 2014 whereby the learned Additional Sessions Judge has convicted the accused-appellants, Naresh & Smt. Rajjan for commission of offence under Section 302 of Indian Penal Code, 1860 (for short 'IPC') and sentenced them to undergo imprisonment for life with fine of Rs.20,000/-and in case of default in payment of fine, further to undergo two year simple imprisonment.
2. Accused-appellant, Naresh, is in jail since 31.10.2013 and Smt. Rajjan is in jail since 26.10.2017.
3. Heard Sri Raj Kumar Sharma, learned counsel for the accused-appellants and learned A.G.A. for the State.
4. Brief facts as culled out from the record are that the mother of the deceased lodges an F.I.R. on 20.10.2013 at about 9.30 a.m. against the accused-appellants and two other family members which is registered as Case Crime No.940 of 2013 under Sections 498A & 307 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act at P.S. Maudaha, District Hamirpur. In the F.I.R. it is alleged that the daughter of the informant namely Rinki was
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 Sections 299 and 300 of IPC, and the application of the reformative theory of punishment in determining the appr....
The court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.
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....
The distinction between culpable homicide and murder was clarified, emphasizing the need for proportionality in sentencing within the reformative justice framework.
Section 299 of Indian Penal Code read as culpable homicide.
The main legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of IPC, and the applicability of Section....
The main legal point established in the judgment is the reliance on the doctrine of dying declaration, the interpretation of Section 299 and 300 of the Indian Penal Code, and the application of the r....
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