LAWS(SC)-2019-1-39

YOGENDRA @ JOGENDRA SINGH Vs. STATE OF MADHYA PRADESH

Decided On January 17, 2019
Yogendra @ Jogendra Singh Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) These appeals are filed against the Judgment of the High Court of Madhya Pradesh, Gwalior Bench, dated 12.12.2014 confirming the death sentence awarded to the appellant by the Sessions Court, Ambah, District Morena (M.P.) vide its judgment in Sessions Trial No.388/2013 dated 24.07.2014. The Appellant has been convicted under sections 302 , 326(A) and 460 of IPC and awarded capital punishment of death sentence, life sentence on three counts and fine of Rs.25,000/-each, and ten years' R.I. and fine of Rs.5000/- with default stipulations, respectively. This death sentence has been confirmed by the High Court on a reference under Section 366 of Cr.P.C.

(2.) The brief facts of the case are as follows: the Appellant has been convicted for the murder of one Smt. Ruby by pouring acid on her. The Sessions Court awarded a death sentence under Section 302 of the IPC. In the incident the grandmother of the deceased Smt. Chandrakala (PW 3) and one Raju - nephew (PW 7) of the deceased and Janu (PW 4) brother of the deceased were also injured. The Appellant has been convicted for disfiguring and injuring these people by throwing acid under Section 326(A) of IPC.

(3.) The Sessions Court imposed a fine on the Appellant payable to Smt. Chandrakala, Raju and Janu in the sum of Rs.10,000/- each. The High Court has enhanced the compensation and held that Janu was entitled to be compensated a sum of Rs. 3 lac and Smt. Chandrakala and Raju who were not so disfigured were held entitled to compensation of Rs. 1.5 lac each.