RAGHUWAR DAYAL; CROSS APPEAL Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Raguhwar Dayal was charged by the Additional Sessions Judge (Court No. 3), Aligarh in Sessions Trial No. 190 of 2002 for offences punishable under Sections 376 and 302 of the Indian Penal Code. Vide judgment and order dated 23-5-2003 the learned Judge convicted and sentenced him in the manner stated hereinafter: (i) Under Section 302 IPC to death; and (ii) Under Section 376 IPC to imprisonment for life and a fine of Rs. 5,000.

(2.) AGGRIEVED by his conviction and sentence Raguhwar Dayal has preferred, in this Court, Criminal Appeal No. 2403 of 2003. Capital Sentence Reference No. 8 of 2003 arises out of the reference made by the learned Trial Judge under Section 366 (1) Cr. P. C. to this Court for confirmation of the death sentence of Raguhwar Dayal.

(3.) THE evidence of SI Dhan Ram PW 2 shows that on 8-11-2001 he was posted as Head Moharrir at Police Station Atrauli and registered the FIR and prepared the Chik FIR. It is pertinent to mention that the FIR was lodged on the said date at 6. 10 a. m. and on its basis a case under Sections 376 and 302 IPc was registered against the appellant. A perusal of the Chik FIR also shows that the distance between the place of the incident and the police station was two kilometres.