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K. J. THAKER, UMESH CHANDRA SHARMA
Jeetu – Appellant
Versus
State of U. P. – Respondent
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 by the appellants. The appellants set ablaze the deceased as a result of which she was severely burnt and died in the hospital on 28.11.2014 namely after about eight days during treatment. A complaint to that effect was lodged which was registered as Case Crime No.595 of 2014 against the accused-a
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....
To kidnapping from legal guardian, wherein it was established that the Court while respecting the concerns of both society and victim, propounded that the twin principle of deterrence and correction ....
The court re-evaluated the intention and knowledge of the accused in causing the bodily injuries that led to death, leading to the conversion of the conviction under Section 302 IPC to Section 304 (P....
The reliability of dying declaration, the role of hostile witnesses, and the distinction between murder and culpable homicide not amounting to murder in cases of death due to septicemia.
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