(1.) Present Reference under Section 366 Cr.P.C. and Capital Case under Section 374(2) Cr.P.C. have arisen from judgment and order dated 14.03.2011 passed by Sri Vigyan Ram Mishra, Additional Sessions Judge, Court No. 1, Jhansi.
(2.) Capital Case Appeal No.4173 of 2011 has been filed by accused-appellant Santosh @ Tidkey through Sri S.P. Sharma, Advocate and Capital Case Appeal No.2330 of 2011 has been filed by same accused-appellant through Senior Superintendent, District Jail, Jhansi.
(3.) By the impugned judgment and order, accused-appellant has been convicted in Session Trial No.144 of 2009, (Case Crime No.665 of 2009), under Sections 376, 302 and 201 IPC, Police Station Chirgaon, District Jhansi. Considering the case to be rarest of rare, he has been sentenced under Section 376 IPC for life imprisonment; under Section 302 IPC, he has been sentenced to death. He has been directed to be hanged till he dies. Under Section 201 IPC, he has been sentenced to two years Rigorous Imprisonment (hereinafter referred to "R.I.").
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