STATE OF UP Vs. GAYA LAL PASI

JUDGEMENT

(1.) THIS Criminal Appeal has been filed from jail challenging the judgment and order dated 05.12.2008 passed by Sri Alok Saxena, Additional Sessions Judge, Court no. 6, Hardoi, in S.T. No. 452 of 2007 convicting the appellant under Section 367, 302, 201, 377 read with Section 511 IPC and sentencing him with death penalty and a fine of Rs. 1,000/- under Section 302 IPC; rigorous imprisonment for five years with a fine of Rs. 1,000/- under Section 377/511 IPC; rigorous imprisonment for 10 years with a fine of Rs. 1,000/- under Section 367 IPC and three years rigorous imprisonment with a fine of Rs. 1,000/- under Section 201 IPC. Failure to deposit of fine would make him liable to additional punishment of one year rigorous imprisonment. All the sentences were to run concurrently.

(2.) SRI Alok Saxena, Additional Sessions Judge, Court No. 6, Hardoi has also made a Reference under Section 366 Cr.P.C. for confirmation of the death sentence awarded by him in the Sessions Trial No. 452 of 2007 (State Vs. Gaya Lal), P.S. Kotwali Dehat, District-Hardoi.

(3.) HEARD Sri Amit Choudhary, counsel for the appellant, Gaya Lal, Sri Rishad Murtza, Government Advocate for the state and perused the lower court record.