SUJOY PAUL, PRAKASH CHANDRA GUPTA
In Reference Additional Sessions Judge/Special Judge, Budhar District Shahdol M. P. – Appellant
Versus
Ramnath Kewat Alias Bhursoo – Respondent
JUDGMENT
Sujoy Paul, J. - The Death Reference and Criminal Appeal are arising out of impugned judgment dated 05.03.2019 passed in Case No.400160/2015 whereby appellant was held guilty for committing the offences and sentenced as under :-
| Serial No. | CONVICTION | SENTENCE |
| 1. | Under Section 376 (2) (I) New Section of April 2, 2013 in Criminal Proceeding is Jointly with 5/6 Sexual Offences in Connection with the Child's Crime 376-A of the I.P.C. | Death Sentence to be hanged till death and fine of Rs.200/-(Rs. Two Hundred) Only. In default of payment of fine further R.I. for 01 month. |
| 2. | Under Section 302 of the I.P.C. | Death and fine of Rs.200/-(Rs. Two Hundred Only. In default of Payment of fine further R.I. for 01 month. |
| 3. | Under Section 201 of the I.P.C. | R.I. for seven years and fine of Rs.200/- only. In default of payment of fine further R.I. for 1 month. |
| All sentences shall run concurrently. In the above death sentence it is directed that the appellant be hanged by the neck till his death. | ||
FACTUAL BACKGROUND :-
2. The case of
Manu Sao vs. State of Bihar [(2010) 12 SCC 310 : (2011) 1 SCC (Cri) 370]
Amit vs. State of Uttar Pradesh
Anil @ Anthony Arikswamy Joseph vs. State of Maharashtra
Anil Alias Bawa vs. State of Haryana
Arjun Panditrao Khotka vs. Kailash Kushanrao Gorantyal and Others
Ashwani Kumar Saxena vs. State of M.P.
Bachan Singh vs. State of Punjab
Bantu @ Naresh Giri vs. State of Madhya Pradesh
Bhagwan Das vs. State of Rajasthan [AIR 1957 SC 589 : 1957 Cri LJ 889]
Bheru Singh vs. State of Rajasthan
Dhananjay Chatterjee vs. State of West Bengal
Hanumant Govind Nargundkar vs. State of M.P.
Haresh Mohandas Rajput vs. State of Maharashtra
Hemudan Nanbha Gadhvi vs. State of Gujarat
Jagmohan Singh vs. State of Uttar Pradesh
Kamti Devi vs. Poshi Ram [(2001) 5 SCC 311 : 2001 SCC (Cri) 892 : AIR 2001 SC 2226]
Machhi Singh and others vs. State of Punjab
Mahila Vinod Kumari v.State of M.P.
Mulla and another vs. State of Uttar Pradesh
Namdeo vs. State of Maharashtra
Neel Kumar @ Anil Kumar vs. State of Haryana
Padala Veera Reddy vs. State of Andhra Pradesh
Panchhi and others vs. State of Uttar Pradesh
Ram Deo Prasad vs. State of Bihar
Ravi S/o Ashok Ghumare vs. State of Maharashtra
Santosh Kumar Singh vs. State through CBI
Santosh Kumar Singh vs. State through CBI
Shafhi Mohd vs. State of Himanchal Pradesh (2018) 2 SCC 801
Shankar Kishan Rao Khade vs. State of Maharashtra
Sharad Birdhichand Sarda vs. State of Maharashtra
State of Uttar Pradesh vs. Shobhanath and Ors.
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