STATE OF CHHATTISGARH Vs. YUPAK LAL BANJARA

JUDGEMENT

(1.) This appeal and Criminal Reference arise out of a common judgment dated 23rd of February, 2013 passed in Sessions Trial No. 99/2011 by the Second Additional Sessions Judge, Raigarh (C.G.). By the impugned judgment, the appellant/accused has been convicted and sentenced in the following manner:- <FRM>JUDGEMENT_121_TLCHH0_2013_1.html</FRM>

(2.) The facts, briefly stated, are as under:-

(3.) Mr. S.S. Rajput, learned counsel appearing on behalf of the accused/appellant, has argued that the circumstances against the accused were not incriminating. They were not of conclusive nature and tendency and the conviction based on these circumstances cannot be sustained. On the question of death sentence, he argued that it was not a "rarest of rare case", therefore, even if it is held that the accused/appellant was guilty, the punishment based on above circumstances appears to be harsh and disproportionate. He cited many decisions which we shall discuss later on.