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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, JAI KRISHNA UPADHYAY
Mahesh Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
JAI KRISHNA UPADHYAY, J.
1. Since these criminal appeals arise out of same case crime number, they have been heard together and are being decided by a common judgment and order. Criminal Appeal No. 1880 of 2019 is being treated as a leading case.
2. Heard Shri R.N. Nigam, Advocate assisted by Shri Ritesh Singh, learned counsel for the appellants, Shri Ravindra Sharma, learned counsel for the informant and Shri Alok Kumar Singh and Shri Muniraj Mehrotra, learned AGA for the State-respondent.
3. The validity and sustainability of the judgment and order dated 11.1.2019 passed by the 9th Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 391 of 2019 (State Vs. Ram Singh and others) arising out of Case Crime No. 913 of 2016 under Sections 147, 148, 302/149 IPC, Police Station Roza, District Shahjahanpur and judgment and order dated 1.5.2025 passed by Additional Sessions Judge, Court No.43, Shahjahanpur in Sessions Trial No. 247 of 2018 (State Vs. Amit Singh) arising out of Case Crime No. 913 of 2016 under Sections 147, 148, 302/149 IPC, Police Station Roza, District Shahjahanpur have been challenged by way of instant criminal appeals. Vide judgment and order dated 11.1
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The court held that the accused committed culpable homicide not amounting to murder due to the absence of premeditated intent to kill amidst a sudden quarrel, justifying a conviction under Section 30....
The central legal point established in the judgment is the application of Exception 4 to Section 300 IPC, which outlines situations where culpable homicide does not amount to murder, based on the abs....
The central legal point established in the judgment is the application of the Fourth Exception of Section 300 IPC, considering the absence of premeditation, sudden fight, and influence of intoxicatio....
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