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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SALIL KUMAR RAI, AJAY KUMAR-II
Pawan Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
AJAY KUMAR-II, J.
1. The instant Criminal Appeal has been directed against the judgment and order dated 07.07.2011 / 11.07.2011 passed by Additional Sessions Judge / Special Judge (S.C./S.T. Act), Etawah in Sessions Trial No.394 of 2008 (State Vs. Pawan Kumar) arising out of Case Crime No.90 of 2008, under Sections 452, 354, 302 IPC, Police Station - Ekdil, District Etawah convicting and sentencing the appellant under Section 302 I.P.C. for life imprisonment and a fine of Rs. Rs.10,000/- with stipulation of default clause, under Section 452 IPC for seven years rigorous imprisonment and a fine of Rs.5000/- with stipulation of default clause and under Section 354 IPC for two years rigorous imprisonment and a fine of Rs.2000/- with stipulation of default clause. All the sentences were directed to run concurrently.
2. Prosecution story, in nutshell, as unfolded in written report (Ex.Ka.-1), is as follows:
On 02.04.2008 at about 12:00 Noon, when Kanchan, daughter of the complainant Santosh Kumar, aged about 16 years and a student of class XI returned home from school, kept her bag and was changing her clothes and the younger son of the informant namely, Vikas aged about 13 years
Murder – Factor which distinguishes culpable homicide from murder is presence of special mens rea which consists of mental attitudes indicated in Section 300 IPC and unless one of it is attributable ....
The judgment established the distinction between culpable homicide and murder under the IPC, and applied recent legal principles allowing for reduced incarceration periods for similar offenses.
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 main legal point established in the judgment is the reliance on dying declaration as a sole basis for conviction under Section 302/34 of IPC, the interpretation of Section 498A of IPC, and the ap....
The dying declaration, if found to be true, voluntary, and reliable, can be the sole basis for conviction without the need for corroboration. The court may rely on the dying declaration as the primar....
The voluntary and truthful nature of dying declaration and the competency of a child witness to depose are crucial in establishing guilt and determining the appropriate criminal offense.
Dying declarations are admissible as sole evidence for conviction if credible; mere acquittal by trial court can be overturned if found perverse.
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