AJAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dileep Kumar, learned Senior Counsel assisted by Sri Sachin Mishra, who have appeared to assist the Court as Amicus Curiae and Ms. Archana Singh, learned Additional Government Advocate appearing for the State.

(2.) This Criminal (Capital) Appeal has been filed by the accused/appellant Ajay Kumar against the Judgement and Order dtd. 4/4/2019 passed by learned Sessions Judge, Auraiya in Sessions Trial No. 54 of 2016 (State Vs. Ajay Kumar and 3 others) arising out of Case Crime No. 142 of 2014, under Ss. 452, 302/34, 506 and 225 IPC, Police Station-Arwakatra, District-Auraiya whereby appellant has been convicted and sentenced to death for offence under Sec. 302 IPC and to pay a fine of Rs.1,00,000.00, for offence under Sec. 452 IPC to undergo rigorous imprisonment for three years and a fine of Rs.5000.00 and in Sessions Trial No. 55 of 2016 (State Vs. Ajay Kumar) arising out of Case Crime No. 143 of 2014, under Sec. 25/27 of the Arms Act, Police Station-Arwakatra, District-Auraiya whereby appellant has been convicted for offence under Sec. 25 of the Arms Act and to undergo rigorous imprisonment for three years and a fine of Rs.5000.00, for offence under Sec. 27 of the Arms Act to undergo rigorous imprisonment for five years and a fine of Rs.5000.00. The fine shall be recoverable as an arrear of revenue. In default of payment of fine, there shall be no stipulation for additional imprisonment. Eighty per cent of the fine recovered shall be payable to the parents of the deceased as compensation.

(3.) In the present matter, the Trial Court has proceeded to send a Reference under Sec. 366 Cr.P.C. for confirmation of death sentence which is being decided herein below:-