SURESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 2 of 1998 has been preferred by the accused-appellants Suresh and Ramji against the judgment and order dated 19-12-1997 passed by Sri U.S. Tripathi, the then Sessions Judge, Varanasi in Sessions Trial No. 58 of 1997. Pavitri Devi wife of Suresh is the appellant of Criminal Appeal No. 18 of 1998. The accused-appellants Suresh and Ram Ji have been convicted under S. 302, IPC, 307, IPC and 449, IPC. Death sentence has been awarded to each on them under S. 302, IPC, seven years rigorous imprisonment under S. 307, IPC and five years rigorous imprisonment under S. 449, IPC. The accused-appellant Pavitri Devi has been sentenced under S. 302, IPC read with S. 34, IPC and 307, IPC read with S. 34, IPC. She has been sentenced to life imprisonment under S. 302, IPC read with S. 34, IPC and five years' rigorous imprisonment under S. 307, IPC with a direction that both the substantive sentences would run concurrently.

(2.) The learned Sessions Judge who passed the impugned judgment and order has made a reference (reference No. 1 of 1998) under S. 366, Cr. P.C. for the confirmation of the death sentence passed against the accused-appellants Suresh and Ramji.

(3.) It is a case in which five persons were murdered and the sixth one (Jitendra) sustained injuries. The deceased of the incident were (1) Ramesh (35 years). (2) Smt. Ganga Dei (28 years) wife of Ramesh, (3) Bheem (3 years) son of Ramesh and Ganga Dei, (4) Km. Manisha (9 years) daughter of Ramesh and Ganga Dei and (5) Km. Anisha (one year) daughter of Ramesh and Ganga Dei. Jitendra (8) injuried is also the son of Ramesh and Ganga Dei.