IRFAN @ NAKA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These appeals by special leave are at the instance of a convictaccused and is directed against the judgment and order dtd. 25/4/2018, passed by the High Court of Judicature at Allahabad in Capital Case No. 4669 of 2017 connected with Reference No. 11 of 2017 by which, the High Court dismissed the appeal filed by the convict-accused and thereby affirmed the judgment and order of conviction and sentence of death passed by the Additional Sessions Judge Court No. 6, Bijnore for the offence punishable under Ss. 302, 436 and 326-A of the Indian Penal Code, 1860 (for short, 'the IPC') respectively.

(2.) The convict was awarded death penalty with fine of Rs.20,000.00 by the trial court for the offence punishable under Sec. 302 IPC. For the offence punishable under Sec. 436 IPC, the convict was awarded life imprisonment with fine of Rs.10,000.00 and for the offence punishable under Sec. 326-A IPC, the appellant came to be sentenced for life imprisonment with fine of Rs.10,000.00 and in default of payment of fines, further six months of rigorous imprisonment.

(3.) While the criminal reference was submitted by the trial court under Sec. 366 of the Code of Criminal Procedure, 1973 (for short, 'the CrPC') for confirmation of capital punishment awarded to the appellantconvict, the appellant-convict preferred an appeal by way of Capital Case No. 4669 of 2017, putting in issue his conviction and sentence. The High Court dismissed the case filed by the appellant-convict thereby confirming the death reference under Sec. 366 of the CrPC.