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KAUSHAL JAYENDRA THAKER, NALIN KUMAR SRIVASTAVA
Manish Kori – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
K.J. Thaker, J.
1. Both these appeals arise out of common judgment and order dated 25.2.2012 passed by the Additional Sessions Judge, Court No.4, Jalaun, in Sessions Trial No.280 of 2009 whereby the learned Additional Sessions Judge has convicted the accused-appellants, Babloo Kori alias Santosh Kumar and Manish Kori for commission of offence under Section 302 read with Section 34 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 one year simple imprisonment.
2. The matter was kept for pronouncement of judgment on 14.9.2022, but due to paucity of time, the judgment could not be pronounced on the said date.
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 on 19.10.2009, F.I.R. being Case Crime No. 1657 of 2009 came to be lodged with Police Station Kotwali, Orai District Jalaun on the basis of the complaint made by one Amar Singh Chauhan, the father of the deceased stating that on the same day at about 7.30 p.m., accused-appellant, Babl
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 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 principles to distinguish between 'murder' and 'culpable homicide not amounting to murder' under IPC, and the consideration ....
The court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.
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