LAWS(SC)-2022-10-16

RAMANAND @ NANDLAL BHARTI Vs. STATE OF UTTAR PRADESH

Decided On October 13, 2022
Ramanand @ Nandlal Bharti Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Mark Twain, the great American writer and philosopher, once said:

(2.) These appeals, by special leave, arise out of the judgment and order dtd. 9/7/2021 passed by the High Court of Judicature at Allahabad, Bench at Lucknow confirming the death sentence awarded to the accused appellant herein.

(3.) The accused appellant has been held guilty of the offence punishable under Sec. 302 of the Indian Penal Code (for short, "the IPC"). The trial court (Sessions Judge, Lakhimpur Kheri) sentenced the accused appellant to death under Sec. 302 of the IPC and pay fine of Rs.20,000.00 and in default of payment of fine to undergo further rigorous imprisonment for one year. While the Sessions Judge, Lakhimpur Kheri made a reference to the High Court for confirmation of death sentence under Sec. 366 of the Code of Criminal Procedure (for short, "the CrPC"), the accused appellant preferred Criminal Appeal No. 1959 of 2016 putting in issue his conviction and sentence. The High Court dismissed the Criminal Appeal No. 1959 of 2016 filed by the accused appellant thereby confirming the death reference under Sec. 366 of the CrPC.