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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SALIL KUMAR RAI, AJAY KUMAR-II
Krishan Pal @ Lala – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
AJAY KUMAR-II, J.
1. The validity and sustainability of the judgment and order dated 11.03.2011 passed by Additional Sessions Judge, Court No.1, Jhansi in Sessions Trial No.282 of 2008 (State Vs. Rishipal and others) arising out of Case Crime No.1223 of 2007 under Sections 147, 148, 149, 302, 323, 307 IPC and Section 7 Criminal Law Amendment Act, Police Station Nawabad, District Jhansi has been challenged by way of instant five connected criminal appeals, whereby the appellants Krishna Pal alias Lala, Rishi Pal, Raghunath, Ranjeet, Bahadur and Udham were convicted and sentenced to undergo imprisonment for life under Section 302/149 IPC with a fine of Rs.10,000/- each, in default thereof, to further undergo one year additional rigorous imprisonment, to undergo one year rigorous imprisonment under Section 323/149 IPC, to undergo one year rigorous imprisonment under Section 148 IPC and to undergo six months rigorous imprisonment under Section 7 Criminal Law Amendment Act. All sentences were directed to run concurrently.
2. Since these criminal appeals arise out of same case number and judgment, therefore, all these appeals have been heard together and are being decided by a co
The main legal point established in the judgment is that the evidence of eyewitnesses, the injured witness, and the medical evidence played a crucial role in establishing the guilt of the accused bey....
Culpable homicide distinguished from murder based on intention and knowledge; knowledge suffices for conviction under Section 304(II) of IPC, while failure to explain accused injuries does not negate....
The court ruled that solitary eyewitness testimony can suffice for conviction in murder cases, especially when corroborated by medical evidence. The culpable act did not fall under provocation except....
The main legal point established in the judgment is the distinction between 'culpable homicide amounting to murder' and 'culpable homicide not amounting to murder' under Section 304 of the Indian Pen....
The court affirmed the conviction for murder, establishing that the accused's actions demonstrated intent to kill, supported by credible eyewitness and medical evidence.
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