RAKESH PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Aggrieved by the capital sentence awarded to them, the two appellants, namely Rakesh Pandey and Yashwant Chaubey have filed the present appeals challenging the judgment and order of conviction and sentence dtd. 10/2/2020/11/2/2020, passed by the Additional Sessions Judge, Court No. 1, Mau in Sessions Trial No. 75 of 1996 (State vs. Indrasan Pandey and others), arising out of Case Crime No. 83 of 1996, under Ss. 147, 148, 201 and 302/34/149 IPC, Police Station - Sarai Lakhansi, District - Mau; whereby they have been convicted under Sec. 147 IPC and sentenced to 2 years rigorous imprisonment alongwith fine of Rs.2000.00 and in case of default in payment of fine to undergo two months additional rigorous imprisonment; under Sec. 148 IPC sentenced to 2 years rigorous imprisonment alongwith fine of Rs.3000.00 and in case of default in payment of fine to undergo three months additional rigorous imprisonment; under Sec. 201 IPC sentenced to 5 years rigorous imprisonment alongwith fine of Rs.5000.00 and in case of default in payment of fine to undergo five months additional rigorous imprisonment and under Ss. 302/34/149 IPC awarded death penalty alongwith fine of Rs.1,00,000.00 and in default of payment of fine, the same shall be recovered as arrears of land revenue. All the sentences were directed to run concurrently.

(2.) Apart from the two appellants, three other persons were also implicated in the aforesaid case crime no.83 of 1996. Two of these three accused, namely Indrasan and Ghanshyam have died during the course of trial. The third accused Mithilesh was declared juvenile vide order dtd. 7/12/2019, and his trial was segregated and transferred to the Juvenile Justice Board.

(3.) As death sentence was awarded to the two accused appellants, a reference i.e. Reference No.4 of 2020 has also been made to this Court under Sec. 366 Cr.P.C. by the court of sessions for confirmation of death penalty.