(1.) Reference for confirmation of death sentence submitted by 2nd Additional Sessions Judge, Baloda Bazar, Sessions Division Raipur in Criminal Reference No. 1/2009 and Criminal Appeal No. 75/2009 filed on behalf of the appellant Vinod Kumar against the judgment of conviction and order of imposing death sentence dated 6-1-2009 in S.T. No. 22/2007 arising out of common judgment are being disposed of by this common judgment.
(2.) The 2nd Additional Sessions Judge, Baloda Bazar, Sessions Division Raipur (C.G.) has submitted reference under Section 366 of the Code of Criminal Procedure (for short "the Code") for confirmation of death sentence passed in Sessions Trial No. 22/2007 upon the appellant for commission of culpable homicide amounting to murder of his wife-deceased Minakshi alias Banti punishable under Section 302 of the IPC.
(3.) The appellant-Vinod Kumar has also preferred an appeal (Criminal Appeal No. 75/2009) against the aforesaid judgment of conviction and order of sentence on the ground that without the clinching and credible evidence and in absence of rarest of rare case for imposing the capital punishment, the Court below has convicted the appellant and awarded capital punishment and thereby committed an illegality.
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