STATE OF CHHATTISGARH Vs. KOMAL PRASAD PANDEY

JUDGEMENT

(1.) Accused/appellant Komal Prasad Pandcy was tried by the Second Additional Sessions Judge, Mungeli, District Bilaspur in Sessions Trial Nos. 326/99, 330/99 and 331/99 for the commission of the offences punishable under Section 302 of the Indian Penal Code and Section 23(1B)(h) read with Section 4 of the Arms Act for committing the murders of Shanti Bai, her husband Raghuvcr Prasad Pandcy and her son Ashutosh Pandcy. The learned Additional Sessions Judge by his judgment dated 17th April, 2002 after holding the accused guilty of the offences under Section 302, IPC and Section 25(1B)(b) read with Section 4 of the Arms Act in each of the three cases sentenced him to death for the offences under Section 302, IPC and to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 500.00, in default of payment of fine to further undergo rigorous imprisonment for 2 months for the offence under Section 25(1B)(b) read with Section 4 of the Arms Act.

(2.) Criminal Appeal No. 646 of 2002 has been filed by the ac cused/appellant Komal Prasad Pandey against the conviction and sentences passed against him by the Second Additional Sessions Judge in Sessions Trial No. 326/99 in respect of the commission of the murder of Shanli Bai. On the other hand, the learned Additional Sessions Judge has made the Reference No. 4 of 2002 to this Court for confirmation of the death sentence imposed by him on the accused.

(3.) This judgment shall dispose of the aforesaid Appeal filed by the accused and the Reference made by the learned Second Additional Sessions Judge.