STATE Vs. KUNDAN DAYAL

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This reference has been made by learned Ses sions Judge, Bageshwar under Section 366 of Code of Criminal Procedure, 1973 (herein-after for brevity referred as Cr. P. C.), for confirmation of sentence of death, passed by said court against the convict Kundan Dayal. An appeal has also been preferred by the convict un der Section 374 (2) of Cr. P. C. against the judgment and order dated 12-07-2006, passed by learned Sessions Judge, Bageshwar in Sessions Trial No. 09 of 2006, whereby the appellant Kundan Dayal has been convicted under Section 302 of Indian Penal Code, 1860 (herein after referred as I. PC.) and sentenced to death. Both, the reference and the ap peal were heard together and are being disposed of by this judgment.

(2.) WE have heard learned counsel for the parties and perused the entire record of the trial court.

(3.) INCISED and stab wounds three in number around umblicle and lower abdomen.