HARI SHANKAR SHUKLA versus STATE OF U.P.

HARI SHANKAR SHUKLA versus STATE OF U.P.

The conviction of the appellant under Sections 304 Part I, 307 and 323 IPC is upheld because three eyewitnesses, including two injured eyewitnesses, consistently identified the appellant as the person who after a scuffle went to his house, returned with a pistol and fired the shot that caused the deceased's death; medical evidence corroborated that a scuffle occurred. However, the sentence imposed by the High Court is reduced to six years rigorous imprisonment and a fine of Rs.7,000.

Parties
Appellant / Accused: Hari Shankar Shukla; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
05 April 2017
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court; Judgment on Appeal
Outcome
Appeals partly allowed. Conviction upheld; sentence reduced.
Legal Topics
Section 304 Part I IPC, Section 307 IPC, Section 323 IPC, Section 313 Cr PC, Section 299 IPC, Section 372 Cr PC (2009 Amendment)
Criminal Law Homicide Evidence Sentencing Section 304 Part I IPC Section 307 IPC Section 323 IPC Section 313 Cr PC +2 more

Case Brief

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Parties

Hari Shankar Shukla

Appellant / Accused

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court; Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant fired the shot causing the death of the deceased
  2. 2 Whether the High Court rightly reversed the trial court's acquittal
  3. 3 Whether the conviction should be maintained and what sentence is appropriate

Ratio Decidendi

The conviction of the appellant under Sections 304 Part I, 307 and 323 IPC is upheld because three eyewitnesses, including two injured eyewitnesses, consistently identified the appellant as the person who after a scuffle went to his house, returned with a pistol and fired the shot that caused the deceased's death; medical evidence corroborated that a scuffle occurred. However, the sentence imposed by the High Court is reduced to six years rigorous imprisonment and a fine of Rs.7,000.

Court Disposition

Appeals partly allowed. Conviction upheld; sentence reduced.

Orders

  • Conviction under Sections 304 Part I, 307 and 323 IPC upheld
  • Sentence reduced to six years rigorous imprisonment and fine of Rs.7,000