BHAIRO Vs. STATE OF U P

JUDGEMENT

(1.) The Appellant Bhairo has been convicted for the offences punishable under Sections 376, 302 Indian Penal Code vide judgment and order dated 17.4.2010 passed by Sessions Judge, Kaushambi in Sessions Trial No. 162 of 2008 State v. Bhairo arising out of crime No. 29 of 2008 under Sections 376, 302 Indian Penal Code, P.S. Mohabbatpur Painsa, District Kaushambi. The Appellant was sentenced to death and to pay a fine of Rs. 10,000/-and in default, to undergo rigorous imprisonment for 2 years under Section 302 Indian Penal Code. He was further sentenced to imprisonment for life and to pay a fine of Rs. 10,000/-and in default, to further undergo rigorous imprisonment for 2 years under Section 376 Indian Penal Code.

(2.) Learned Sessions Judge, Kaushambi had also sent a reference under Section 366 Code of Criminal Procedure for confirmation of the death sentence, which is being disposed of along with the aforesaid appeal.

(3.) The incident took place sometime after 7:00 p.m. on 10.3.2008 and before 11.3.2008. The F.I.R. was lodged by Smt. Anita Devi (P.W.1), the mother of the deceased, against unknown persons on 11.3.2008 at 12:30 p.m. at P.S. Mohabbatpur Painsa, District Kaushambi. The deceased is Sangeeta Devi, aged about 6 years, the daughter of the complainant.