JUDGMENT :

(Per: Rajeev Singh, J.)

(1) The criminal appeal filed by the accused-appellant namely Ubhan Yadav @ Abhai Kumar Yadav under Section 374 (2) Cr.P.C. and the Death Reference under Section 366 Cr.P.C., are decided by way of common judgment.

(2) Heard Shri Santosh Kumar Kanaujiya and Shri Arvind Kumar Verma, learned counsels for the accused-appellant (Ubhan Yadav @ Abhai Kumar Yadav) as well as Shri Vimal Kumar Srivastava, learned Government Advocate assisted by Shri Chandra Shekhar Pandey, learned counsel for the State and perused the lower court record.

(3) As in the case in hand, the accused-appellant namely Ubhan Yadav @ Abhay Kumar Yadav was tried by the trial court and convicted under Sections 302 376 & 201 I.P.C. whereby he was sentenced to be hanged, by the neck, till death for offence under Section 302 I.P.C., sentenced for life imprisonment and with a fine of Rs.6,000/- for the offence under Section 376(2)(F), in case of non payment of fine, additional one year of Simple Imprisonment, and sentenced for five years of Rigorous Imprisonment with a fine of Rs.4,000/- for the offence under Section 201 I.P.C., in case of non payment of fine, additional four months of S.I