Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, JAI KRISHNA UPADHYAY
Baba Vishwakarma – Appellant
Versus
State of U.P. – Respondent
Judgment :
Jai Krishna Upadhyay, J.
1. This jail appeal has been preferred by accused appellant - Baba Vishwakarma against judgment and order dated 2.8.2019 passed by the Additional District & Sessions Judge, Court No.5, Allahabad in Session Trial No. 366 of 2014, case crime no. 421 of 2013 convicting and sentencing the appellant for the offence punishable under Section 304 IPC for imprisonment of life and a fine of Rs. 20,000/- with default clause.
2. Heard Shri Vinod Kumar Ojha and Shri Vinay Kumar Dwivedi, learned counsel for the appellant and Shri Amit Sinha, learned AGA for the State.
3. Facts of case, in nutshell, as unfolded by the informant Smt. Malti Devi in First Information Report (in short 'FIR'), are that she was married to Baba Vishwakarma, son of Hiralal, resident of Jasra Bazar, six months ago. Her first marriage was solemnized with Ramanand Vishwakarma resident of village Badur, who died about two years ago. A daughter, named Kajal, was born from their wedlock and she was one and half years of age and was residing with her. On 12.12.2013, at 8:00 PM, her husband, Baba Vishwakarma in anger picked up Kajal and threw her on the ground and struck her with an iron rod. She
The court reiterated that a conviction can be upheld based on a single reliable eyewitness, and emphasized proportionality in sentencing, especially when no minimum punishment is mandated by law.
The main legal point established in the judgment is that the dying declaration can be the sole basis for conviction if found to be true and reliable, and that sentencing should consider the reformati....
The court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.
The court reclassified the conviction for culpable homicide not amounting to murder due to lack of intent, emphasizing knowledge of likely death suffices under IPC Section 304 (Part-II).
The judgment established that culpable homicide can be classified as not amounting to murder when committed in the heat of passion during a sudden quarrel, without premeditation, as outlined in Excep....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
