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HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, JAI KRISHNA UPADHYAY
Baba Vishwakarma – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual summary of the case and incident (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. evidence and testimonies presented (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. argument concerning the credibility of witness (Para 17 , 18 , 20 , 21) |
| 4. rebuttal of witness credibility argument (Para 22) |
| 5. analysis of sentencing under ipc (Para 23 , 24 , 27) |
| 6. discussion on proportionality in sentencing (Para 25 , 30 , 32) |
| 7. final judgment and order on appeal (Para 35 , 36 , 37) |
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
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....
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