Mahabir v. State of U.P.
Case brief
What is this about?
Special Bench altered conviction from murder to culpable homicide and reduced life sentence due to lack of premeditation, affirming lower court's lesser charges and ordering stricter bail conditions.
What did the court decide?
Conviction under Section 302 IPC amended to Section 304 part II IPC; life sentence reduced to seven years rigorous imprisonment for appellant Mahabir.
What the court decided
(1)
Court No. - 4 A. F. R.
Case :- CRIMINAL APPEAL No. - 164 of 1984
Appellant :- Mahabir and Another Respondent :- State Of U.P. Counsel for Appellant :- P.C. Sharma,R.B. Sahai,Upendra Upadhyay Counsel for Respondent :- A.G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Gupta,J.
(1) Heard Sri Upendra Upadhyay, learned counsel for the appellant and Sri J. K. Upadhyay, learned A.G.A. for the State.
(2) This appeal has been filed by appellants-Mahabir, Dalveer and Brij Nath against the judgment and order dated 9.1.1984 passed by Special Judge (E. C. Act) Etah in S.T. No. 104 of 1983 (State Vs. Mahabir and two others) by which Mahabir A1 was convicted and sentenced to imprisonment for life under Section 302 I.P.C. Mahabir A1 was further convicted and sentenced to four years rigorous imprisonment under Section 323/34 I.P.C. along with Dalveer A2 and Brij Nath A3.
(3) Record shows that Brij Nath A3 has died during the pendency of this criminal appeal and qua Brij Nath A3 this appeal was dismissed as abated by order dated 28.2.2017 passed by another co-ordinate Bench of this Court comprising of Hon'ble Ramesh Sinha, J. and Hon'ble Krishna Pratap Singh, J.
(4) The prosecution story is as follows :
Issues for consideration
3 issues framed by the court
Whether the prosecution has proved its case against the accused beyond all reasonable doubts.
Whether the prosecution case as spelt out in the F.I.R. and later testified by eyewitnesses is liable to be accepted as true.
Whether the conviction under Section 302 I.P.C. is liable to be altered to Section 304 part II I.P.C. given the lack of premeditation.
Parties & counsel
- appellant
Mahabir and Another
- respondent
State Of U.P.
Coram
Bala Krishna Narayana
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- CRLA/164/1984
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