High Court releases accused of killing brother from jail, know why?
High Court releases accused of killing brother from jail, know why?
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Prayagraj: The Allahabad High Court, while hearing a case, has issued an order for release while commuting the sentence of the brother's murderer. A man (chichi) serving a life sentence for murdering his brother in Dhakoli village under Bibinagar police station area of Bulandshahr has been ordered to be released while commuting his sentence. While hearing the case, the court said that in view of the facts and circumstances, it appears that Chichi had attacked his brother with the intention of hurting him and not to kill him. Due to which the offence has been considered under 304 instead of Section 302.  

The court said that if there is no need to keep Chichi in custody in any other case, then he should be released immediately. Hearing the matter, a division bench of Justice Sunita Agarwal and Justice Sadhana Rani (Thakur) passed the order while partially admitting the plea of Manoj Kumar Sharma. In 2009, his brother Vikas Sharma had filed an FIR under Section 302 of the IPC in 2009 and alleged the murder of his brother Rajiv Sharma.

In this case, the Sessions Court, Bulandshahar, had convicted Chichi and sentenced him to life imprisonment. She had appealed against the sessions judge's decision in the High Court. The court, after the hearing, found that Chichi's intention was not to kill his brother Rajiv Kumar. His intention was only to inflict physical injury. Hearing the case, the High Court has ordered the release.

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