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KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Mohd. Amir – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By the Court.-This appeal challenges the judgment and order dated 22.9.2018 passed by Ist Additional Sessions Judge, Jhansi, in Sessions Trial No. 240 of 2016 (State v. Mohd. Amir) in connection with Case Crime No. 586 of 2015, Police Station Sipri Bazar, District Jhansi convicting the appellant under Section 302 IPC for life imprisonment alongwith fine of Rs. 5,00,000/-, under Section 354 IPC for 3 years rigorous imprisonment along fine of Rs. 50,000/- and under Section 452 IPC for 3 yars rigorous imprisonment alongwith fine of Rs. 50,000/- and all the sentences shall run concurrently.
2. According to F.I.R., the applicant's daughter Km. Vinita Bajpai @ Doli, age - 24 years, used to live in Old Charliganj, Police Station - Sipri Bazar, Jhansi, District-Jhansi for the care of the applicant's late brother and bhabhi (brother's wife)'s son Abhilash Tiwari and daughter Km. Rinki, who is mentally challenged. The occurrence took place on 18.12.15 at around 11:30 a.m. Km. Vinita, daughter of the applicant, was alone at her Jhansi located residence. Taking advantage of the op
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 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 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.
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....
Section 299 of Indian Penal Code read as culpable homicide.
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