JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J. –

This appeal is directed against the impugned common judgment dated 11th August, 2006 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Capital Sentence Reference No.1 of 2005 with Criminal Appeal No.252 of 2005 from Jail and Criminal Appeal No. 384 of 2005. By the impugned common judgment the High Court while dismissed the appeal preferred by the appellant, answered the reference affirming the death sentence imposed by the Trial Court for the offence committed under Section 302 IPC for having committed murder of Km. ‘x’ (victim: original name not disclosed). The High Court also affirmed the conviction and sentence passed against the appellant under Section 376 read with Section 511 of Indian Penal Code for having made an attempt to commit rape on Km. ‘x’ aged about 18 years and sentenced him to undergo five years rigorous imprisonment thereunder.

2. Initially the appeal was heard by the Division Bench of the Allahabad High Court, Lucknow Bench and after conclusion of the arguments the Hon’ble Judges pronounced their judgments but had a divided opinion; one Hon’ble Judge affirmed the order of conviction and sentence record