SECOND ADDITIONAL SESSIONS JUDGE, BHIND Vs. ANKUR

JUDGEMENT

(1.) This Criminal Reference and appeal arise from the judgment dated 19.3.2019 passed in Sessions Case No.1500179/2016 by the Court of 2nd Additional Sessions Judge, Bhind. Learned 2nd Additional Sessions Judge has held appellant to be guilty of charges under Section 302 of IPC on five counts and Section 201 of IPC and sentenced him to be hanged till death on confirmation of such sentence by the High Court under Section 302 of IPC and further sentenced him to undergo 7 years RI with fine of Rs.10,000/- and in case of default in payment of fine, six months additional imprisonment.

(2.) Criminal Reference has been made under the provisions of Section 366 of Cr.P.C., whereas Criminal Appeal against the said judgment has been filed under the provisions of Section 374 of Cr.P.C.

(3.) As per prosecution story, incident took place in the intervening night of 13.5.2016 and 14.5.2016. Allegation is that appellant was giving tuition to the family members of one Smt. Reena resident of Bhind and while imparting such tuition he had developed relationship with Reena who was a widow and was residing in the house of her father-in-law Rambabu Shukla (PW1). Alongwith Reena there were four other persons residing in the said house namely Ku. Mahima aged about 16 years daughter of Vedprakash Shukla, Ku. Chavi aged about 10 years daughter of Shashikant Shukla and Reena Shukla, Ku. Ambika aged about 16 years daughter of Brijmohan Bhardwaj and niece of Reena and Golu @ Avnish Sharma aged about 13 years son of Ramkumar Sharma, who was distantly related Devar (brother-in-law) of deceased Reena.