SUNIL Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge is the judgment and order dated 11.2.2008, passed by learned Sessions Judge, Gautam Budh Nagar in S. T. No. 400 of 2004, State v. Sunil, under Sections 376 and 302, I.P.C., P. S. Sector 58, N.O.I.D.A., district Gautam Budh Nagar by which the appellant-Sunil has been found guilty under Sections 302 and 376, I.P.C. He has been sentenced to death by hanging till death under Section 302, I.P.C. He has been further sentenced to rigorous imprisonment of 7 years and a fine of Rs. 5,000 under Section 376, I.P.C. In default of payment of fine, he shall undergo further imprisonment for one year.

(2.) SINCE learned Sessions Judge, G. B. Nagar has passed the sentence of death to the appellant-Sunil, the proceedings have been submitted to this Court for confirmation of death sentence awarded to the appellant-Sunil.

(3.) THE investigation of this was taken up by the then S.O., Ajay Kumar of P. S. Sector-58, district G. B. Nagar on 10.9.2004. He first recorded the statements of H. M.-58-Kalu Ram, the first informant-Mande, Chaman Singh, Lillu, Smt. Satto and Kaushal Kumar. THE Investigating Officer-P.W. 8 Ajay Kumar thereafter inspected the scene of the occurrence with the help of the first informant and Lillu. This was the place from where the deceased was allegedly picked up by the appellant-accused. He prepared the site plan Ext. Ka-11. THEreafter on the same day he visited the scene of the occurrence where Km. Monica after rape was allegedly killed. He prepared the site plan of the place which is Ext. Ka-12. THE Investigating Officer thereafter collected the plain and blood stained earth from the place of occurrence and kept it in two different containers and sealed them. He also prepared the fard-Ext. Ka-9. He thereafter instructed S.I. Satish Kumar Paliwal, P.W. 9 to prepare the inquest report.