BALA KRISHNA NARAYANA, NAHEED ARA MOONIS
MAHENDRA PAL SINGH – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble Naheed Ara Moonis, J.—The instant appeal has been preferred on behalf of the appellant against the judgment and order dated 22.6.2015 and 24.6.2015 passed by the Additional District & Sessions Judge (F.T.C.) Jalaun at Orai in Sessions Trial No. 102 of 2011 (State v. Mahendra Pal Singh) arising out of Case Crime No. 45 of2011 under Sections 302/201/376 IPC Police Station Dakere District Jalaun, whereby the appellant has been awarded capital sentence for the offence punishable under Section 302 IPC. The appellant has further been convicted and sentenced under Section 376 IPC for a term of twenty years rigorous imprisonment with fine of Rs. 5,000/- and under Section 201 IPC for a term of five years rigorous imprisonment with fine of Rs. 2000/-. All the sentences were directed to run concurrently.
2. We have heard learned counsel for the appellant Sri Vinod Singh and learned Government Advocate Sri Akhilesh Singh assisted by Sri Nipendra Kumar Singh Yadav appearing for the State and have been taken through the record.
3. The genesis of the prosecution case in a short compendium is that the First Information Report was lodged by Hemraj (P.W.1) against unknown person on 3
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