STATE Vs. SURYA PRASAD VERMA

JUDGEMENT

(1.) Both the aforesaid criminal appeal as well as the criminal reference arise out of the same judgment dated 15-2-2000 passed by Sri Daya Ram the learned X Additional Sessions Judge, Sitapur confirming the accused Surya Prasad Verma for the offence punishable under Section 302, I.P.C. awarding death sentence to the accused apellant Surya Prasad Verma. Hence all these three members are being dealt with by a common judgment.

(2.) Feeling aggrieved by the aforesaid judgment passed by the learned Additional Sessions Judge, the accused appellant has preferred both the appeals and a reference has been made for confirming the capital sentence of the accused appellant Surya Prasad Varma.

(3.) The fact that Kripashanker alias Badkannu and Munna Lal have died as a result of poisoning in the instant case has not been disputed and the same finds support from the post mortem reports Exhibit Ka 2 and Ka 1 respectively prepared by Dr. Ashok Kumar PW 3 as well as from the viscera report examined by CW 1 Dr. Suresh Chandra Sharma. The accused appellant Surya Prasad Verma has however alleged that he has nothing to do with the crime and he has been falsely implicated in this case due to enmity with the jailer Sri Prema Mohan Kanchan.