Ipc
ADV. ARUSHI PRADHAN
(Querist) 28 January 2014
This query is : Resolved
Girja Devi Alias Gita Devi vs State Of Himachal Pradesh 2000 CriLJ 1528.....can anyone plz tell me what were the issues involved in the above case....
Devajyoti Barman
(Expert) 28 January 2014
This is no class room.
Read yourself the decision.
R.K Nanda
(Expert) 28 January 2014
SEARCH GOOGLE.
ajay sethi
(Expert) 29 January 2014
you can search for judgement in indian kanoon website or do google search
R.V.RAO
(Expert) 30 January 2014
thinking somebody is in dire need and put a query here, i reproduce facts of the case below. otherwise i fully agree with what experts in LCI said above.
Facts of case
there was a perverted husband(palchand) who used to torture the wife(girija alias gita) repeatedly and one day out of sheer anger and instant rage and without any pre planned motive,the wife killed the husband. in view of circumstantial evidence the offence was charged under IPC sec.304 instead of the original sec.302 .
part judgement reproduced below:
".....These circumstances do suggest that deceased Pal Chand was somewhat of a pervert .....in his habits and they also suggest that he wanted to satisfy his perverted lust on his helpless wife i.e. appellant, who was thus forced to kill him under grave and sudden provocation. In our considered view, therefore, the conviction of the appellant should have been under Section 304, Part-I, rather than under Section 302, IPC.........For the reasons recorded above, the appeal is partially allowed to the extent that the conviction of the appellant is altered from Section 302, IPC to Section 304, Part-I, IPC."
source:Girja Devi Alias Gita Devi vs State Of Himachal Pradesh on 15 October, 1999
Equivalent citations: 2000 CriLJ 1528
Author: S Sarup
Bench: K Sharma, S Sarup
JUDGMENT
Surinder Sarup, J.
ADV. ARUSHI PRADHAN
(Querist) 30 January 2014
Thank u sir fr all kind of feedback.....but I asked my question only after reading d judgment sir .....all I wanted to kno is how to frame issues out of the given problem .....and what should I focus on while framing them in any case/problem .......
R.V.RAO
(Expert) 31 January 2014
when there is a murder,the prosecution says it is planned , and argues that the accused should be given death sentence.
but it is the learned judge who will see if the murder was pre medidated and if there was an intention to to commit a crime,in which case the judgement could be death sentence to the accused.
but if the judge finds that the crime took place out of a fit of anger and frustration , and there was no intention to commit a crime, the punishment could be sentence for life but not death.
so while framing issues,an eye for detail and a probing mind to dwelve deep into the circumstance is vital.
R.V.RAO
(Expert) 31 January 2014
you are welcome.
pl. come back with feed back if the LCI views and advices proved helpful to the queriests.
this will help us serve better the future queries.
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
As Mr Rao suggested that author may, besides complimenting, come back with a feed back which will motivate the experts to serve the needy people with more zeal.
