ABDUL WAHEED versus STATE OF UTTAR PRADESH

ABDUL WAHEED versus STATE OF UTTAR PRADESH

The appellant, having enmity, armed with a gun, intentionally fired causing injuries sufficient to cause death, satisfying murder under Section 302 IPC; concurrent findings of fact support conviction; age is not relevant given magnitude of crime.

Parties
Appellant: Abdul Waheed; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
01 September 2015
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Murder, Sentencing, Proportionality of Punishment, Knowledge and Intention, Enmity and Motive, Unlawful Assembly
Criminal Law Murder Sentencing Proportionality of Punishment Knowledge and Intention Enmity and Motive Unlawful Assembly

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Parties

Abdul Waheed

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the appellant had the requisite knowledge and intention to commit murder under section 302 IPC
  2. 2 Whether the sentence awarded is proportionate to the crime committed
  3. 3 Whether the conviction should be altered to Section 304 Part II IPC

Ratio Decidendi

The appellant, having enmity, armed with a gun, intentionally fired causing injuries sufficient to cause death, satisfying murder under Section 302 IPC; concurrent findings of fact support conviction; age is not relevant given magnitude of crime.

Court Disposition

Appeal dismissed

Orders

  • Appellant's bail bonds cancelled
  • Appellant to be taken into custody forthwith to serve remaining sentence