KULDEEP ALIAS BHOLU Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been preferred by the appellant Kuldeep alias Bholu against the judgment and order dated 14.9.2005, passed by Shri S. Lal, the then Addl. Sessions Judge, Court No. 3, Bulandshahr in Sessions Trial No. 869 of 2003, by which the appellant has been convicted for the offences punishable under Sections 376 (g) (2) and 302 read with Section 34 of the Indian Penal Code and Section 4/25 of Arms Act. The appellant has been sentenced to death under Section 302 read with Section 34, I.P.C. and fine of Rs. 5,000 only. Further, he has been awarded life imprisonment and fine of Rs. 5,000 only under Section 376 (g) (2), I.P.C. He has further been awarded one year R.I. and fine of Rs. 2,000 only under Section 4/25 of Arms Act and in default of payment of fine, he has been awarded simple imprisonment for 1 year and 5 months. All the sentences have been ordered to run concurrently. Since the death sentence has been awarded to the appellant therefore, the learned Sessions Judge has referred this matter under Section 366 of the Criminal Procedure Code for confirmation by this Court.

(2.) THE facts giving rise to this case are as under :

(3.) AFTER hearing the parties and considering the evidence on the record, the learned trial court found the prosecution case fully proved and convicted the appellant and passed sentences against him referred to earlier and aggrieved by the same he has preferred this appeal.