OMKAR PAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS Capital Jail Appeal has been preferred by Superintendent of District Jail, Jalaun at Oral on behalf of convict Omkar Pal against the judgment and order dated 27.8.2007 of Dr. Rajesh Singh HJS, Addi tional Sessions Judge/Fast Track Court No. 2 Jalaun at Orai passed in Sessions Trial No. 138 of 2006 State v. Omkar Pal convict ing the appellant and sentencing him to death penalty under section 302 Indian Pe nal Code, for short IPC, to life imprison ment and fine of Rs. 10, 000/- under section 376 (2) (f) IPC and seven years imprison ment and fine of Rs. 5, 000/- under section 201 IPC. In case of default of payment of fine, further imprisonment of one year un der section 376 (2) (f) IPC and six months under section 201 IPC has been awarded to the appellant. For confirmation of the sen tence of death, Reference No. 22 of 2007 has been received from the learned trial Judge under section 366 (2) Criminal Procedure Code, for short Cr.P.C.

(2.) THE aforesaid Criminal Appeal and reference have been connected and are being disposed of together by the present judgment.

(3.) PW6 Dr. R. P. Singh conducted the post-mortem examination of the body of Km. Preeti on 20.3.2006 at 4.05 pm and prepared the report Ext. Ka-9. He found the following anti-mortem injuries on her dead body: - 1. A contusion, 2 cm x 1 cm, over the right side of neck, 2. A contusion, 3 cm x 1.5 cm, over the left side of neck at the level of cricoids cartilage. On dissection sub-cutaneous tissues and muscles were found congested. The left side cornua of Hyoid bone was found fractured, 3. An abrasion, 2 cm x 1 cm, over the back of right elbow, 4. An abrasion, 1.5 cm x 1 cm, on the front of left knee, 5. An abrasion, 0.2 cm x 0.1 cm, on the front of the left leg 10 cm below the knee,