PAPPU Vs. STATE OF U.P.

JUDGEMENT

(1.) The present capital appeal no.1251 of 2015 connected with reference no.01/15 for confirmation of capital punishment awarded by the judgment and order dated 30.3.2015 passed by Sessions Judge, Farrukhabad is against the same judgment hence both the cases are being considered and decided by a common order.

(2.) The present capital appeal has been preferred challenging the validity of the judgment and order of conviction and sentence dated 30.3.2015 in S.T. No.5/15 arising out of case crime no.783 of 2014 under section 302, 506 IPC, P.S. Kotwali Farrukhabad, District Farrukhabad and S.T. No.6/15 arising out of case crime no.784 of 2014, under section 25/27 Arms Act, P.S. Kotwali Farrukhabad, District Farrukhabad by which appellant was convicted and sentenced for death punishment under section 302 IPC subject to confirmation by the High Court, under section 506 IPC for two years rigorous imprisonment with fine of Rs.10,000/- in default of payment of fine 3 months rigorous imprisonment, under section 25 Arms Act for three years rigorous imprisonment with fine for a sum of Rs.5,000/- in default of payment of fine two months additional rigorous imprisonment, under section 27(1) Arms Act two years four month rigorous imprisonment with fine of Rs.5,000/- in default of payment of fine two month rigorous imprisonment. Further direction was that all the sentence shall run concurrently. It was further directed that half of the amount of penalty if deposited should be given to the dependent of the deceased Inspector.

(3.) The reference was sent by the trial judge to this Court for confirmation of death punishment under section 302 IPC in view of the provision of Chapter IX Rule 64 General Rule (Crl.).