- (1.) All the aforementioned cases arise out of a common judgment, hence these are being disposed of by a common judgment.
(2.) Capital Sentence 2 of 2014 is the reference sent by Ist Additional Sessions Judge, Raebareli under Section 366 Cr.PC. for the confirmation of the death sentence, which has been recorded in Sessions Trial No. 611 of 2008 vide order dated 4.3.2014 arising out of Case Crime No. 22 of 1996, Police Station Mohanganj, District Raebareli whereby the trial court has recorded capital sentence against Hari Prasad, Ram Chandra and Virendra Kumar. The other appeals have been preferred by the accused persons, who have been convicted in the instant case. The trial court has sentenced the accused persons as under:- Appellants Hari Prasad, Ram Chandra and Virendra Kumar have been convicted under Section 302/149 I.P.C. with capital sentence and also with fine of Rs. 10,000/- each with default stipulation of two years rigorous imprisonment. They were further convicted for the offence under Section 120-B/149 I.P.C. and were awarded capital sentence and also fine of Rs. 10,000/- each with default stipulation of one year rigorous imprisonment. The accused persons were further convicted for the offence under Section 201/149 I.P.C. and were sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 10,000/- with default stipulation of one year rigorous imprisonment. The other appellants, namely, Vishuna Devi wife of Hari Prasad, Vishun Dei wife of Jag Prasad, Ramawati and appellant Prakash were convicted for the offence under Section 302/149 I.P.C. and were sentenced with imprisonment for life and also with fine of Rs. 10,000/- each with default stipulation of two years rigorous imprisonment. They were further convicted for the offence under Section 120-B/149 I.P.C. and were sentenced with imprisonment for life and also with fine of Rs. 10,000/- each with default stipulation of one year rigorous imprisonment. The appellants were further convicted for the offence under Section 201/149 I.P.C. and were sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 10,000/- each with default stipulation of one year rigorous imprisonment. In the instant case, there were two more accused persons; namely one Heeral Lal, who died during trial and the proceedings against him were abated and another accused namely Vinod Kumar son of Hari Prasad, was declared to be juvenile vide order dated 2.7.2012 as his age on the date of incident was found to be 13 years, seven months and 16 days only. His case was separated and was sent for trial to the concerned Juvenile Justice Board.
(3.) It is true that it is a brutal murder of an innocent boy aged about four and a half years only. His hands and legs were severed. Eyes were taken out. It is alleged that accused persons sacrificed him to please the deity for blessing accused Ramawati with a son.;