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K. J. THAKER, UMESH CHANDRA SHARMA
Jeetu – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments from the parties (Para 8 , 9) |
| 3. court's analysis of the conviction (Para 10 , 12 , 13) |
| 4. distinction between culpable homicide and murder (Para 11 , 14 , 15) |
| 5. final judgment and orders (Para 17 , 18 , 19 , 20) |
JUDGMENT
Dr. Kaushal Jayendra Thaker, J.
Heard Sri Ajay Kumar Mishra, learned counsel for the appellant and learned A.G.A. for the State.
2. Both these appeals challenge the judgment and order dated 17.1.2018 passed by Additional District and Sessions Judge, Court No. 15, Meerut in Sessions Trial No.713 of 2015 convicting and sentencing the appellants in both the appeals under Section 302 read with Section34 of INDIAN PENAL CODE , 1860 (hereinafter referred to as 'I.P. Code') for life imprisonment with fine of Rs.20,000/- each and, in case of default of payment of fine, further to undergo simple imprisonment for six months.
3. Brief facts as culled out from the record are that the deceased was set ablaze by the appellants on 20.11.2014 at the house which was sold by the appellants to the deceased but possession was not given to the deceased. So as to settle the dispute deceased was called b
The main legal point established in the judgment is the importance of following proper procedures and accurately determining the appropriate section of the IPC based on the evidence and circumstances....
The main legal point established in the judgment is the importance of evaluating dying declarations and medical opinions in cases of criminal offenses.
Section 299 of Indian Penal Code read as culpable homicide.
The law as far as it concerned septicemia is well settled death occurred after few days. The deceased died during treatment, this High Court substituted the sentence as the deceased died out of septi....
Point of Law : Hostility of witnesses of fact cannot demolish the value and reliability of the dying declaration of the deceased, which has been proved by prosecution in accordance with law and is a ....
The dying declaration was the sole basis for conviction, and the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of the Indian Penal Code was cr....
The central legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under the IPC, and the application of this distinction to deter....
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