- (1.) HEARD Shri Brijesh Sahai, learned Amicus Curiae appearing on behalf of the appellant and learned A.G.A.
(2.) THE present appeal has been filed challenging the judgement and order dated 30.11.2007 passed by the Additional Sessions Judge/Special Judge(E.C. Act) Basti, in S.T. No. 169 of 2007 whereby the appellant is convicted for death under section 302 I.P.C. along with fine of Rs. 500/ -.He was sentenced under section 376 I.P.C. to undergo rigorous imprisonment for life and fine of Rs. 1000/ - In the event of default, appellant has to undergo one year each of simple imprisonment in addition to the sentences awarded for the offences under Sections 302 and 376 I.P.C. Both the sentences are to run concurrently. Reference No. 1 of 2010 under section 366 Cr.P.C. has also been sent by the trial court for confirmation of death sentence.
(3.) BRIEF facts of the case are that a First Information Report was lodged on 8.12.2006 at about 6.30 P.M. at police station Walterganj, Tehasil Sadar, District Basti by one Sneh Prakash Shukla against unknown person. It was stated therein that the niece of informant Sneh Prakash Shukla aged about 17 years had left her home at about 6 a.m. on 8.12.2006 for tuition . It was mentioned in the written report that deceased Priti Shukla daughter of Arun Kumar Shukla was a student of class X. She used to go daily for tuition in the morning to Sahadev Master in village Belahara and then to village Mahadev for another tuition. After tuitions, she used to go to the school. As usual on 8.2.2006, she left her house in the morning but did not return back after tuitions at which his younger brother Arun Kumar Shukla and other villagers went to search for Priti. After extensive search they could find the dead body of Priti in the sugarcane field of one Shri Kant Pandey of Gram Naveda. It was stated in the written report that from the condition of the dead body, it appeared that Priti was raped and murdered by unknown persons. Her bicycle was found near the dead body lying in the cane field. The postmortem of the victim was conducted on 9.12.2006 at about 3 P.M. by Dr. S.P. Chaudhary. The following antemortem injuries were found on the body of the deceased. The postmortem report further indicates certain postmortem injuries which are as under: - 1) Postmortem ligature mark all around neck size 13 CM. x 2 CM. at lower of adam's apple. Knott at right side seen. 2) Postmortem burns on the chest, lower part of the body and the legs of the deceased.;