GAMBHIR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Present reference under Section 366 Cr.P.C. and Capital Case under Section 374(2) Cr.P.C. have arisen assailing judgment and order dated 20.03.2017 passed by Additional Sessions Judge, Court No. 10, Agra in Session Trial No. 502 of 2012, whereby accused-appellant Gambhir Singh has been convicted under Sections 302 read with 34 IPC and 404 IPC. Considering the case to be rarest of rare, accused-appellant was awarded death sentence under Section 302 read with 34 IPC with a fine of Rs. 50,000/- and in default of payment of fine, he has to undergo one year additional imprisonment. Further under Section 404 IPC, he was sentenced to undergo three years imprisonment with a fine of Rs. 10,000/- and in case of default in payment of fine, he has to further undergo three months additional imprisonment. It was further directed that all sentences shall run concurrently.

(2.) Vide impugned judgment and order dated 20.03.2017 passed by Trial Court in Sessions Trial No.502 of 2012, accused Smt. Gayatri was acquitted of charge under Sections 302 read with 34 IPC and 404 IPC. Against her acquittal, an Appeal on behalf of the State, being Government Appeal No.3574 of 2017, has been preferred, which is connected with this Capital (Criminal) Appeal.

(3.) Since both the connected cases arise out of same judgment and order, it were heard together and are being disposed of by this common judgment and order.