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KAUSHAL JAYENDRA THAKER, UMESH CHANDRA SHARMA
Aslam Noor Khan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Heard Sri Jugal Kishor Khanna assisted by Sri Amit Khanna, learned counsel for the appellants in both these appeals and the learned AGA for the State in both these appeals.
2. These appeals challenge the judgment and order dated 19.2.2018 passed by Special Judge (SC/ST Act)/Additional Sessions Judge, Court No. 2, Farrukhabad in Sessions Trial No. 91 of 2014 (State v. Aslam Noor Khan and another) convicting accused-appellants under Sections 452, 304/34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced them to undergo imprisonment for life with fine of Rs. 10,000/- under Section 304/34 of IPC and in default of fine further to undergo six months additional imprisonment each and they have been also convicted for three years rigorous imprisonment each under Section 452 IPC and fine of Rs. 5,000/- and in case of default of payment of fine, further to undergo three months additional imprisonment each.
3. Factual scenario as culled out from the record and the
The distinction between culpable homicide and murder was clarified, emphasizing the need for proportionality in sentencing within the reformative justice framework.
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 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 court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.
Point of Law : Crime is a pathological aberration. The criminal can ordinarily be redeemed and the state has to rehabilitate rather than avenge. The sub-culture that leads to ante-social behaviour ha....
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