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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I
Ramvijay – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Chandra Dhari Singh, J.
1. This criminal appeal has been filed against a judgement and order dated 30.01.2017 passed by the learned Additional District and Sessions Judge/FTC-II, Kushinagar at Padrauna in Sessions Trial No. 253 of 2015 arising out of case crime No. 525 of 2015, under Section 302 IPC, police station Kaptanganj, district Kushinagar whereby the learned Judge convicted and sentenced the appellant-Ramvijay to life imprisonment and a fine of Rs. 20,000/- (rupees twenty thousand only) under section 302 IPC.
Facts of the case
2. The facts that formed the bedrock of the present appeal are that a written report was given by Ram Rakshha to the Station House Officer, police station Kaptanganj, district Kushinagar that he was married to Sonmati and from their wedlock one boy and a girl were born. Wife of the first informant died about 18 years ago. The marriage of Ramvijay, brother of the first informant, was solemnized with one Indira Devi. After the death of wife of the first informant, both first informant and his brother Ramvijay by mutual consent started living with Indira Devi as husband and wife. Indira Devi had three daughters aged about 16, 14 and 8 years and al
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The court established that a lack of premeditation and intention to kill in a sudden quarrel can lead to a conviction under Section 304 Part II IPC instead of Section 302 IPC.
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