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2022 Supreme(All) 571

MANOJ MISRA, SAMEER JAIN
Ram Pratap @ Tillu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : From Jail, Agnivesh, Arimardan Yadav, Jadu Nandan Yadav
For the Respondent: A.G.A.,Ram Naresh Singh

JUDGMENT :

Sameer Jain, J.

1. The present appeal has been preferred by the appellant, Ram Pratap @ Tillu, against the judgment and order dated 21.3.2020 and 21.5.2020 passed by 8th Additional Sessions Judge, Etawah by which the trial court convicted the appellant under Section 302 IPC and awarded death sentence to him with fine of Rs.5 Lacs and in default two years R.I.

2. As death sentence was awarded, a reference, i.e., Reference No.5 of 2020 was made to the High Court under Section 366 Cr.P.C. for confirmation of death penalty.

INTRODUCTORY FACTS

3. In the present case, six persons of a family, namely, Suresh Chandra, deceased no.1 (in short D-1), Vimla Devi, deceased no.2 (in short D-2), Avnish, deceased no.3(in short D-3), Rashmi, deceased no.4 (in short D-4), Surabhi, deceased no.5 (in short D-5) and Shweta, deceased no.6 (in short D-6), were brutally murdered. Suresh Chandra (D-1) and Vimla Devi (D2) were husband and wife whereas Avnish (D-3), Rashmi (D4), Surabhi (D-5) and Shweta (D-6) were their son and daughters.

4. The FIR of the present case was lodged by Hom Singh (PW1) on 28.5.2012 at about 7.45 AM. As per FIR, Vimla Devi (D2), sister of informant (PW-1), was married to Sur

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